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Los Angeles DUI and The Interstate Driver License Compact

  • May 26, 2017

    The state of California is a signatory to a contract between states that enforces the arrests and punishments for DUI and other traffic violations across state lines. Since California is part of this contract, it agrees to honor the DUI license suspension and other punishments given to a person with a California driver’s license who has committed traffic violations in other signatory state. This means a person can be arrested and convicted for DUI or other traffic violation in another state and face punishment in California based on California traffic laws. This contract is known as the Interstate Driver’s License Compact (IDLC).

    Sharing Information
    According to the terms of the IDLC, the signatory states will share their records for traffic infractions and suspensions with the home state of a nonresident driver. The home state is then able to handle the traffic offense according to their traffic laws. This is a way for a person with a California driver’s license to be held liable for any type of traffic offenses they commit when driving in a signatory state.

    History
    The IDLC began in 1960 with Nevada becoming the first member. Representatives from the Western States met to devise a way to work together for traffic safety. Initially, the IDLC was designed to address the most dangerous types of driving violations like drunk driving, felonies involving a motor vehicle, reckless driving and more. This agreement was expanded to include other traffic violation. Many states joined the IDLC during the 1960s. A record number of states joined it in the 1990s.

    Out-Of-State License Suspension
    A signatory state is unable to revoke a California driver’s license. This is considered the property of the state of California. Another state is able to suspend a California driver’s privileges within their particular state.

    Provisions
    Any California driver who commits a traffic violation out of state must know it will be reported to the California DMV. A person with a California driver’s license can lose their driving privileges in another state, but maintain them in California. When the standards are met, a traffic violation committed out of state will be treated as if it happened in California. A person will be held responsible for all traffic violations in the signatory states if there is an equivalent statute within California law.

    California Requirements
    Before a person with a California driver’s license has it suspended for a DUI conviction occurring in a signatory state, there are certain standards that must be met. The DUI laws for the signatory state must be very similar to California’s DUI laws. They do not have to be identical. They have to be enough alike that a person could be found guilty in California just like in the signatory state. This enforcement provision for the signatory state must also be very similar to California’s provisions for the same offense. Should the conviction from the signatory state meet the similarity standards in legal substance as well as interpretation, a California driver will have their license suspended.

    Appeal
    Should a signatory state send a notice to California asking a California driver’s license be suspended based on the IDLC, the California DMV will send a notice letter to the driver. This letter will explain how their license is suspended and provide information on the driver’s rights to appeal the decision. The appeal rights will be based on California’s administrative rules. In this situation, Los Angeles DUI Lawyers will know how to show if the offense and conviction were invalid. They will also know how to show the laws of the signatory state are substantially different from those of California. Los Angeles DUI Lawyers know how to obtain the best possible legal result in this situation.

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