January 24, 2009 By Wallin & Klarich

There is a well-known saying in a certain coastal town in Southern California that goes “come on vacation, leave on probation.” All too often, many people who come to Southern California for a little getaway end up leaving with something that they would rather not have acquired, namely criminal charges. One of the most common types of criminal case that tourists or out-of-state visitors often find themselves facing is driving under the influence in southern California. We see this type of situation all the time at Wallin & Klarich, and here are some of the potential consequences that we have noticed for those whose state of residence is not California.

To begin with, just like any other type of criminal case, getting cited for DUI in another state will most likely follow you to your state of residence. But having an out-of-state DUI can also impact your freedoms and rights in your own state as well. For instance, many states are part of what is known as the interstate compact agreement. This agreement is such that if you have your driver’s license suspended in one of the states party to the compact, all other states who are members of the compact will honor that suspension as well. Thus, for anyone who is found guilty of drunk driving offenses in California and subsequently has their license suspended because of this conviction, there is a real possibility that they will also lose their privilege to drive in the state where they reside.

Having a DUI in California can also be especially burdensome for out-of-state residents because often times the requirements of the sentence for DUI can require returning to the state of California to complete. Whether it is alcohol classes, jail time or community service, probation review hearings, etc., DUI cases often require that the person found guilty of driving under the influence will have to make several return trips to California to satisfy the terms of their sentence. This can get quite costly what with the enormous price of airfare, and can also cause problems with having to miss work and other important functions.

Where these cases get most problematic though is with the California DMV and DMV hearings. Upon receiving a conviction for DUI, the Department of Motor Vehicles in California will move to suspend the convicted person’s driving privileges based on the notice they receive from the court. Regaining the privilege to drive again in California means satisfying the requirements for the DMV as well, and one of the sine qua nones of these requirements is completing a DMV approved drug and alcohol program. These classes run for several weeks at a minimum and are very time consuming. They are also very hard to find outside of the state of California because the state’s requirements are so specific. Thus, for a person who lives out of state, regaining the privilege to drive in California, can prove to be nearly impossible short of returning to the state and spending enough time here to complete the DMV’s alcohol course.

As all of this shows, having to deal with a DUI in California can be quite a headache for a person from another state. At Wallin & Klarich, our Los Angeles DUI defense attorneys have successfully represented hundreds of clients facing the exact same problem. We have also helped many clients resolve these cases as quickly and conveniently as possible, with minimal impact to their life away from California. If you or any of your loved ones is facing a DUI in the state of California, please do not hesitate to call.

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