Many of our clients are in California on business or vacation and find themselves in some legal trouble. If you are stopped on suspicion of driving under the influence in California, but do not have a California driver's license, you may still face suspension or revocation in your home state.
In 1963, California joined the Drivers License Compact (DLC). The DLC is an interstate compact that essentially proclaims that each person has one driving record and one license. The idea is that any violation that occurs out of state, will be treated in the home state as if it were committed in the home state. The home state, must however, have an equivalent statute otherwise the person cannot be charged.
For example, let's say Dan is on business in California and is driving back to his hotel at night after a business meeting. He is stopped and arrested on suspicion of driving under the influence. The next day, Dan goes back to New York, where he lives and has a New York driver's license. The state of New York, also a member for DLC, will prosecute and try Dan as if the offense was committed in New York, under New York law.
Since then, the United States has adopted the Driver's License Agreement (DLA), although there are only a few members thus far. The goals of DLA are to ensure that each state honors the license issues by other member states. Under DLA, each state is required to:
- Require each state to report traffic convictions to the licensing state
- Prohibit a member state from confiscating an out of state driver's license
- Prohibit jailing an out of state driver for a minor violation
- Require each state to maintain a complete driver's history
Many people who live in Los Angeles are not residents of California and are here for school, work or an extended period of time. In these types of situations, their cases will be heard in California. It makes the situation more complicated if the California DMV hearing officer of the criminal judge considers the laws of the state in which the driver is a resident.
An experienced Southern California DUI Specialist has handled many cases in which the clients are not residents of California. It is a common occurrence in Los Angeles, where people are often moving in and out of the state for school and business.
The DUI Lawyer is familiar with the different agreements and compacts between states that will help determine what law will dictate the ultimate outcome of the case. It is beneficial for the driver to have representation by a person who is well versed and familiar with the different laws so that they can argue in favor of an outcome that allows for the lowest penalty possible.
