Suspension for Out of State Drivers in LA DUI

  • May 26, 2017

    When a driver is arrested on suspicion of driving under the influence of alcohol in the state of California, they will face criminal charges and an Administrative License Suspension. The arresting officer will act on behalf of the California Department of Motor Vehicles (DMV) and physically take the resident’s license.

    The officer will issue a temporary license for the arrested individual to use for a 30-day period following the arrest. After that 30-day period, the mandatory Administrative License Suspension takes place. This suspension is of a person’s driving privileges in the state of California. But, what happens to out-of-state drivers?

    Can A California Officer Take Your License Away?

    If you are issued a driver’s license from any other state than California, the officer has no right to physically seize your driver’s license. In some cases, the officer may take your license in which case the assistance of a Los Angeles DUI attorney may be necessary to reclaim your property.

    Can I Be Suspended From Driving In California?

    When you are arrested for driving under the influence of alcohol, the arresting officer will notify the DMV of their actions. The California DMV may then issue a suspension of driving privileges for the offending party in their state. This suspension is a set period of time in which you will not be able to lawfully drive in the state of California.

    Does A DUI Arrest Mean I’m Suspended In My Own State?

    While the California DMV doesn’t have the authority to suspend a driver’s license issued by another state, they can pass along information to the person’s home state. California is a member of the Driver’s License Agreement and Interstate Compact.

    Through this system, the California DMV will update the national DMV database to show the suspension of the individual’s driving privileges in their state. The state that the driver’s license was issued in can take action against the offender by issuing a suspension of the person’s license. Only the state that issued a driver’s license can suspend its use.

    How To Avoid Suspension?

    Anytime an individual is arrested for driving under the influence of alcohol in the state of California they are given a mandatory suspension of their driving privileges. This suspension is called an Administrative License Suspension and takes place 30 days from the date of the arrest.

    An individual can contest this mandatory suspension by requesting an Administrative Hearing. During this hearing, a DMV Hearing Officer will preside over the case and take into account evidence given by both the arresting officer and the defendant.

    The DMV Hearing Officer may choose to enact the mandatory Administrative Suspension or to set aside the suspension. If the suspension is set aside, the arrested party is not required to give up their driving privileges. It’s important to note that you must request an Administrative Hearing within 10 days of the date of your arrest or you forfeit your right to do so.

    How To Clear A Suspension?

    Having a suspension on your driving record means that you are not legally allowed to drive in the state of California. This suspension may be a mandatory Administrative Suspension or a Court Suspension, which would be a result of the outcome of your trial for the criminal charges of driving under the influence.

    For California residents, a suspension can be lifted by enrolling in an instate alcohol education program and installing an ignition interlock device in their vehicle for a set amount of time. These are not options that an out-of-state driver has. The out-of-state driver must apply for a waiver to these conditions in order to have their driving privileges reinstated

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