You may think that because you are an out of state driver that was merely visiting San Francisco that you may be free of many of the harsh penalties for DUI that California drivers face in the state. This is simply not the truth. In fact, any such driver will have to face two different court cases in the state due to a DUI arrest. This includes a case with the DMV as well as a criminal court case. This is why you need to hire an attorney familiar with the jurisdiction and California drunk driving laws to represent you in court.
If a person is arrested for driving while under the influence of alcohol in California, that person will have his or her driver’s license confiscated by the police officer. This is even the case for individuals that do live in another state.
The California DMV will then begin the legal process of starting a court case against that individual that could result in that person losing his or her California driving privileges for a long period of time. In fact, a person is required to schedule a hearing for such a case with the DMV within a ten day window after the arrest date. Failure to due so could cause that person’s driving privileges to be automatically suspended.
During this DMV hearing, an official employed by the DMV must prove that suspending that person’s driving privileges in the state is in fact justified. To make this call, it must be concluded that the police officer that made the arrest of the driver had sufficient probable cause to do so and followed the law while arresting that driver. Also part of this standard will be evidence that shows that the driver’s blood alcohol concentration was above 0.08 percent.
Such a DMV hearing can be quite technical and complicated. The police officer that made the arrest may sometimes testify. However, the decision of whether or not to suspend driving privileges will be made using all the facts that have been provided to the DMV.
Another thing an out of state driver should be aware of in San Francisco is the existence of the Interstate Driver’s License Compact. This is an agreement that was made between 45 different states. Those states agreed to communicate with each other regarding crimes committed while driving an automobile including DUI. Due to this fact, a DUI conviction in California can have ramifications for a driver in his or her home state. Depending on the state, this could involve equal penalties being levied against a driver and his or her driver’s license in that state.
Like any other driver, the crime of DUI can also result in jail time and sizable fines as well. Due to this fact, it is a smart idea for an out of state driver charged with this crime to hire an attorney that is extremely familiar with the California legal system and California DUI laws.