Last Updated on February 7, 2025
When people receive a DUI while visiting California from out of state, they will face the same penalties as a California driver —with one exception. When a driver who gets a DUI isn’t from California, the arresting officer cannot take their driver’s license because the license is technically the property of another state. While the officer may not seize a driver’s license from another state, the vehicle operator’s driving privileges are still suspended within California.
Out-of-State DUIs in California
Although a police officer will not physically take your license if you are visiting from out of state, the consequences of your DUI arrest will not be limited to California, as it will share this information with your state’s DMV. This sharing of information is standard protocol under the Interstate Driver’s License Compact, which applies to all states except:
- Michigan
- Georgia
- Tennessee
- Massachusetts
- Wisconsin
Once your home state is notified, they will likely recognize the penalties set forth by the California DMV. They may also punish you under their state DUI laws.
If you live in one of the five states that do not participate in the compact, you will only face charges within California.
Can Non-Resident Drivers Still Fight DUIs in California?
You still have the right to fight California’s DUI charges and the DMV license suspension, even if you reside in another state. Like California residents though, you must act quickly because you only have 10 days from the date of your arrest to file for a DMV hearing to challenge your automatic license suspension within the state.
While the process can be particularly intimidating and frustrating for someone who lives far away, a skilled DUI lawyer like Peter M. Liss can help make the process as easy as possible for you. In many cases, your attorney can even appear in court on your behalf, minimizing the number of times you will need to travel to San Diego County. You must appear in person if you have been charged with a felony DUI though.
Serving a Sentence When You Live Out of State
If you are convicted, your attorney may be able to arrange for the sentencing you received to be completed in your home state. San Diego County courts will generally allow these penalties to be transferred to be performed in other jurisdictions. This way, the fines, jail time, alcohol treatment programs, and any other punishments you incur can be handled from your home state, and you will not need to travel to California to serve your sentence.
What Happens if a California Resident Gets a DUI Out of State?
For the most part, if you are charged with driving under the influence of drugs or alcohol in another state, the same process will apply to you. Unless you received the DUI in one of the five states that do not honor the Interstate Driver’s License Compact, that state will notify California that you were arrested for drunk driving. You may face penalties in the state where you were arrested for a DUI and in California.
If you receive a DUI in one of the states that do not abide by the compact, you will not lose your license in California, but you must still face the penalties for the offense in that state.
What if You Move to a New State After Getting a DUI?
Whether you move out of state from California or into CA from another state, your driving record will likely follow you as long as the other state participates in the Interstate Driver’s License Compact. When you apply for a new license in your new state, the DMV will pull up your record and discover you have a DUI conviction. Before issuing you a new driver’s license, the DMV will determine whether you would be eligible for a license under their state’s laws if you were convicted in that state and whether your license is still suspended in the state you moved from.
If you move out of state from California and currently are required to have SR-22 insurance, you will need to maintain this coverage even if your new state of residency does not require it. Additionally, if you are required to complete a DUI class as part of your probation, you must complete this before moving out of the state or waive your ability to have a California driver’s license for the next 3 years.
Call an Attorney Today
I can help you if you are an out-of-state driver that was arrested while driving under the influence in Vista, perhaps after visiting one of our popular microbreweries, like Belching Beaver or The Lost Abbey. While an experienced attorney like myself can make fighting the criminal charges and the DMV license suspension as easy as possible, it’s best to act quickly. Call (760) 643-4050 for a free consultation today.
