Your Trusted Modesto DUI Lawyer – (209) 326-1533
DUI away from home can be a stressful experience. Even though every state
has a legal limit of 0.08% blood alcohol content (BAC), you may be dealing
with unfamiliar laws and legal processes. California has some of the nation’s
strictest DUI laws, and your defense is critical to protecting your driving
privileges, both in California and in your home state. Navigating an unfamiliar
legal system can be a challenge, but a qualified California DUI attorney
can help you if you’re an out-of-state driver who has been charged
Begin your defense today. Contact the Law Offices of Mark Girdner today.
Protecting Your License
Even if you’re an out-of-state driver, you are subject to the same
laws and penalties as a California resident. When a California driver
is arrested for a DUI, their
license is suspended and they are issued a temporary license that is good for 30 days. The
process of your DUI arrest may be a little different, however.
Out-of-State Driver DUI Process:
- The police cannot take away your out-of-state license, but they can suspend
your California driving privileges for 30 days. They must warn you of
this at the time of arrest. You will be able to keep your driver’s license.
- Your home state will be notified of the DUI charges pending against you.
Your state’s DMV may choose to suspend your license.
- You can request a hearing with the DMV to fight the suspension of your
driving privileges in California. You have 10 days after your request
to file your claim.
A DMV hearing may take months to be scheduled, but until then, your license
cannot be revoked or suspended. You may have already handled your DUI
charges in criminal court by the time the DMV hearing date arrives, but
you shouldn’t hesitate to file for a DMV hearing. Missing the deadline
means that you forfeit the right to protect your license in a DMV hearing.
Your California DUI lawyer can handle the DMV hearing on your behalf,
even if you are no longer in California by the hearing date.
Fighting Your DUI Charge
Separate from the DMV hearing, you will be required to attend a criminal
hearing to defend yourself from your DUI charges. You will need to go
through the California court system to fight your DUI charges, even as
an out-of-state driver. If you are convicted of a DUI, you will be faced
with the California DUI penalties, which include:
- Up to $1,000 in fines
- Up to $2,600 in penalty assessments
- Up to 6 months in jail
- Up to 6 months suspension of your license or California driving privileges
- Up to 30 days of vehicle impoundment
The installation of an
ignition interlock device
It is likely that California and your home state will work cooperatively
to ensure the terms of your sentence are met. Your home state may suspend
your license until the California court system notifies your state that
you have met the conditions of your conviction.
The California DUI Proceedings
If you live outside of California, you may be thousands of miles from the
court handling your case. Often, those convicted of a DUI outside of their
home state worry if they are required to be present at the proceedings.
Making travel arrangements, taking time off work, and organizing child
or pet care can place a strain on the accused. Often, you are not required
to be present at the proceedings, if you are represented by a California
DMV Hearing: You can conduct this hearing over the phone, but it often works in your
favor to have your lawyer appear at the hearing on your behalf. They are
able to attend without you being present.
Evidence Collection: Your attorney is able to collect evidence without your presence. During
this time, your lawyer will pressure the prosecution to drop the case
against you or to offer a reduced penalty in exchange for your cooperation.
Defendants are rarely present for this portion of the proceedings.
Initial Court Proceedings: Your attorney can attend initial hearings on your behalf, but you must
attend these proceedings yourself if you do not have representation.
Trial: The only part of the proceedings you must attend is the trial. Your lawyer
can request that you are excused from appearing, but juries and judges
are often more sympathetic when the defendant is present.
Often, California DUI cases are resolved before making it to trial.
Why Should I Have Representation?
It isn’t legally required that you have representation from a California
DUI attorney to face your trial, but your lawyer can provide valuable
insight and can do much of the “leg work” during the proceedings.
Benefits of a California DUI Lawyer:
- They can handle most of your case, so you don’t need to travel to
California for each step of the proceedings.
- They offer dedicated knowledge regarding California laws and DUI cases.
- They may be familiar with local judges and prosecutors, and can use this
knowledge to your advantage.
- They may be able to negotiate a deal that is in your favor, such as reduced
penalties or dropped charges.
Your attorney can help with your charges in California, but your choice
must be licensed to practice in the state. Look for a local DUI lawyer.
If you need help with the process at home, your California attorney may
even be able to recommend a lawyer in your area. When looking for an attorney
to represent you, be sure to ask about their experience with out-of-state DUIs.
Get Help from a Top California DUI Attorney
At the Law Offices of Mark Girdner, we know how frustrating a DUI can be
when you are only in California for a temporary reason. Your California
DUI charge can have repercussions in your home state as well, so we understand
how critical it is to defend you from these charges. Our Modesto DUI attorney,
Mark Girdner, will tirelessly fight your charges and can offer you’re
the knowledge and experience of a former prosecutor.
Our offices are ready to take your call anytime, day or night. Don’t
hesitate to call our team and begin your out-of-state DUI defense today.
Contact the Law Offices of Mark Girdner by calling (209) 326-1533 to request a
free initial consultation.