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 OUT OF STATE DRIVERS

DUI Information for Out of State Drivers

All drivers in Santa Cruz County, in or out-of-state, with a blood alcohol content (BAC) of .08 percent or greater will be arrested for Driving Under the Influence (DUI). Out-of- state drivers arrested for DUI in Santa Cruz County need to be aware of special rules that may complicate their cases. For example, a Santa Cruz County DUI arrest may lead to suspension of the driver’s privileges in their home state.

A DUI arrest in Santa Cruz County triggers two separate cases: a DMV case and a criminal case in court. DMV will automatically begin the process of suspending driving privileges, regardless of where the driver is licensed. This means that a driver’s license will be suspended 30 days after the arrest. The DMV may suspend a California driver’s license after a DMV representative reviews the arrest documents and upon the preponderance of the evidence, the lowest standard of proof. 

Your Santa Cruz County DUI defense lawyer will make every effort to help reinstate an individual’s driving privileges in California, and in the state that issued the license.

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DUI and the Interstate Driver’s License Compact

The Interstate Driver’s License Compact is an agreement between 45 states to communicate about driving-related crimes such as DUI. What happens to the motorist’s driving privileges in his or her own state depends on whether that state is a party to the Interstate Driver’s License Compact. The participating 45 states have agreed to notify other states of a DUI conviction and take action against a person’s driving privilege. Currently the only states not participating in the Interstate Driver’s License Compact are Georgia, Massachusetts, Michigan, Tennessee and Wisconsin.

DMV Administrative Hearing

A driver arrested for DUI must request a California DMV Administrative Hearing within 10 days of arrest. The driver will lose California driving privileges after 30 days if the hearing is not requested. The DMV will notify the state that issued the license of the DMV hearing outcome or if no hearing was requested. The DMV hearings can be complicated and most people are not prepared to defend themselves. Hiring a practiced Santa Cruz County DUI attorney will help ensure the best possible outcome at a DMV hearing.

DUI Penalties for Out of State Drivers

Out-of-state drivers charged with DUI have more issues to face than California drivers. One issue out-of-state drivers face is the mandatory education requirement. Usually the courts in Santa Cruz County can be convinced to accept an equivalent course in another state. The content will be subject to court approval. Although an out-of-state equivalency program may satisfy the court, the DMV requires completion of a California program to issue a California license.

Another issue for out-of-state drivers is the possibility of jail as a result of a DUI sentence. A knowledgeable DUI attorney can help you with options to avoid jail such as waiver of jail time or community service for a non-profit agency of the your choice.  

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Out-of-state drivers arrested for DUI in Santa Cruz County face serious financial and personal consequences. In order to minimize penalties in California and in your home state, it is important to have a DUI attorney on your side when facing a DUI charge.

When you hire a Santa Cruz County DUI attorney, personal appearance is rarely required as long as telephone contact can be maintained throughout the court appearances. There are normally 2-4 court appearances before the DUI case can be resolved.  Probation can be served in any state and a fine can be paid from anywhere.

Our office handles cases in Amesti, Aptos, Aptos Hills-Larkin Valley, Ben Lomond, Bonny Doon, Boulder Creek, Brookdale, Capitola, Corralitos, Davenport, Day Valley, Felton, Freedom, Interlaken, La Selva Beach, Live Oak, Mount Hermon, Opal Cliffs, Rio del Mar, Santa Cruz, Scotts Valley, Soquel, Pasatiempo, Twin Lakes and Watsonville.

Contact our office today for a consultation or fill out the form for a confidential email response.

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