Out of State Drivers

When an out of state driver is arrested for DUI in California, he or she will go through a similar criminal process as in-state drivers. The process begins once the driver is arrested and law enforcement confiscates his or her driver’s license. Once the license is confiscated, the driver will be issued a temporary license that is valid for 30 days.

Scheduling a Hearing with the California DMV

Upon being charged with DUI, an out-of-state driver must schedule an Administrative Per Se (APS) hearing with the California Department of Motor Vehicles (DMV) within ten (10) days, including weekends and holidays, of his or her arrest. An individual’s failure to schedule an Administrative Per Se (APS) hearing with the DMV may result in the automatic suspension of the individual’s driving privileges in California.

California DMV Hearing

The DMV hearing may take place in person or over the phone. During an administrative hearing, a DMV employee will act as both the prosecutor and the judge. Several factors are important to address in an individual’s Administrative Per Se hearing when contesting the terms of an individual’s license suspension, including, whether or not the arresting officer had probable cause for making the arrest, whether the arrest was properly executed, and whether or not the offender had a blood alcohol concentration (BAC) of 0.08% or above.

In cases where the individual refused to submit to a BAC test, the DMV representative must determine if the person was properly informed of the fact that his or her license would automatically be suspended for failing to consent to the test.

After hearing all of the evidence, the DMV hearing officer will issue a decision. In the event that an individual loses his or her Administrative Per Se hearing, the penalties issued in accordance with the DMV’s decision will be completely separate from any penalties which may be incurred during the course of the individual’s criminal case.

Interstate Driver’s License Compact

The Interstate Driver’s License Compact (IDLC) is an agreement between forty five of the states to notify one another of any non-residential DUI convictions. Tennessee, Georgia, Wisconsin, Massachusetts, and Michigan are the only states that are not part of the Interstate Driver’s License Compact. This means that if you are convicted of a DUI in California, all of the information pertaining to your case will be forwarded to your state of residence.

Contact Us

Contact Devermont & Devermont and we will provide you with the information you need to understand your California DUI arrest. We will provide a complimentary evaluation and what you need to know to resolve your California DUI case.

429 Santa Monica Blvd. #210
Santa Monica, CA 90401
Tel. (310) 393-0308


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