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Orange County Out of State DUI Attorney

Arrested for DUI Out of State?

When a person who lives in another state is arrested for driving under the influence (DUI) in California, he or she will need a California DUI attorney. The lawyers at Gold & Witham have more than 40 years of combined experience in criminal law and are qualified to handle out of state DUI charges for clients throughout Orange County and all of Southern California.

An out-of-state DUI will result in both criminal and DMV penalties in the state where the offense occurred, as well as DMV penalties in the driver’s home state. All but five states are participants in the Interstate Driver’s License Compact (DLC) and will impose DMV penalties when a DUI conviction occurs in another state. This is part of the theory: “One Driver, One License, One Record.” The five states not involved in the DLC are:

  • Michigan
  • Wisconsin
  • Tennessee
  • Massachusetts
  • Georgia

California and all 44 other states are members and will report citations, drunk driving arrests, and other traffic violations to one another.

Penalties for Out of State Drunk Driving Charges

An out of state DUI conviction in California will result in the implementation of criminal penalties, DMV penalties, and the driver’s home state DMV penalties. In this state, a first DUI offense will result in:

Although the driver does not have a California driver’s license—and the police officer who makes the arrest cannot confiscate an out of state driver’s license—the California DMV can suspend the driver’s driving privileges in this state. The driver’s home state will then impose their own license suspension or revocation penalties based upon individual state law.

Out of State DUIs for Minors

If you are a minor arrested for drunk driving in another state, we may be able to help you. According to the California Vehicle Code § 23521, DUIs in states other than the driver's home state still apply. For example, if you were arrested for DUI in Nevada, although Nevada's laws differ slightly than California's, your penalties would still apply in California. If you are a minor and you receive jail time for your DUI, you would coordinate with a juvenile court judge and a juvenile hearing officer.

Seek Out Skilled Representation for Your Charges

At Gold & Witham, we know the ins and outs of California DUI laws and understand how to effectively represent clients throughout the DUI court process and at DMV hearings. Out of state charges can be difficult, particularly when the defendant needs to go back to his or her home state. Our attorneys will do our best to represent you without your having to be present.

Do not hesitate to contact Gold & Witham to learn more about how our firm can help you!