If you are an out-of-state driver, you can get arrested in California for DUI if you drive under the influence of alcohol or with a blood alcohol concentration (BAC) of .08% or greater.
Criminal charges can result in consequences in both California and your home state. It is critical you contact a skilled California DUI attorney if you experience a drunk driving arrest here.
If your drunk driving charge is for just a misdemeanor, your California lawyer can appear in court on your behalf so you do not have to show up yourself.
Our California criminal defense attorneys and DUI defense attorneys will highlight the following in this article:
- 1. Non-resident DUIs
- 2. DMV Hearings
- 3. Can I miss court?
- 4. Penalties
- 5. What about my license?
- Additional Resources
DUI charges can result in consequences in both California and a motorist’s home state.
1. Non-resident DUIs
California DUI arrests are based on either:
- Vehicle Code Section 23152a VC (driving under the influence of alcohol)1, or
- Vehicle Code Section 23152b VC (driving with a blood alcohol concentration (BAC) of .08% or greater)2.
This is true whether you are a California resident or an out-of-state driver.
If you have a California State driver’s license, the officer will take your license and give you a “temporary” one valid for 30 days.3 The California DMV will then suspend your driving privileges after the 30 days expires.4
Note that police do not generally have the authority to confiscate a driver’s license issued by another state. This means if you are an out-of-state driver arrested for a California DUI, you can keep your license.
However, the California DMV will still suspend your in-state driving privileges 30 days after the arrest. A suspension means you may not operate a vehicle on a California roadway.
2. DMV Hearings
As an out-of-state driver, you must request a California DMV hearing if you want to challenge the suspension of your California driving privileges. You have to make this request within 10 days of your arrest.
Learn more about the hearing process by reviewing the California DMV’s website. Also review our page on “How to Win DMV Hearings in DUI Cases.”
You are entitled to the same rights as California residents at these hearings. Some of these include the right to:
- representation by a criminal defense attorney,
- review the DMV”s evidence,
- present evidence, and
- appeal the decision.5
California attorneys can usually appear on behalf of out-of-state drivers in DUI cases. .
3. Can I miss court?
In most misdemeanor DUI cases, you can waive your court appearances and have your California defense lawyers appear in court on your behalf.
Generally, though, you must appear personally in court for felony DUI charges.
Keep in mind that your criminal case is separate from the DMV case: While DMV hearings focus on the suspension of your driving privileges, the criminal case focuses on criminal penalties such as jail. This is true for both in and out-of-state drivers.
4. Penalties
A California DUI conviction carries such penalties as:
- jail time,6
- substantial fines,7
- DUI school,8 and
- probation.9
These penalties can increase depending on your:
- driving record,
- prior DUI offenses, and
- criminal history.
5. What about my license?
If your home state is a member of the Interstate Drivers’ License Compact (IDLC), then the California DMV will inform your home state DMV if you get convicted of DUI. Your home state may then elect to suspend your license.10
The only states that are not members of the IDLC include:
- Georgia,
- Massachusetts,
- Michigan,
- Tennessee, and
- Wisconsin.11
Additional Resources
If you are struggling with alcoholism or substance abuse addiction, you can find help here:
- Alcoholics Anonymous (AA) – A 12-step program to overcome drug addiction.
- Narcotics Anonymous (NA) – A 12-step program to overcome drug addiction.
- Substance Abuse and Mental Health Service Administration (SAMHSA) – 24/7 treatment referral service.
- Recovery Centers of America – Treatment centers in seven states.
- SMART Recovery – Group therapy for young people struggling with addiction.
- Partnership to End Addiction – Information on how to find drug addiction treatment.
For more discussion, see our article on What happens if you get a DUI out of state?
Legal References:
- California Vehicle Code 23152a VC. For more information, see California Jury Instructions, CALCRIM No. 2110. See also People v. Schoonover (1970) 5 Cal.App.3d 101; People v. Enriquez (1996) 42 Cal.App.4th 661; and, Mercer v. Dept. of Motor Vehicles (1991) 53 Cal.3d 753.
- Vehicle Code 23152b VC. For more information, see California Jury Instructions, CALCRIM no. 2111. See also People v. Fish (2018) 29 Cal.App.5th 462; Coffey v. Shiomoto (2015) 60 Cal. 4th 1198; Burg v. Municipal Court (1983) 35 Cal.3d 257; People v. Bransford (1994) 8 Cal.4th 885; and, People v. Milham (1984) 159 Cal.App.3d 487.
- See California Department of Motor Vehicles (DMV) website, “Driving Under the Influence (DMV).”
- See same. Note that the DMV may allow people to continue to drive during their license suspension period (for example, on a restricted license) if they get an ignition interlock device (IID) installed in their car. See Senate Bill 1046.
- See California DMV website, “Administrative Hearings.”
- See, for example, Vehicle Code 23536a VC.
- See same.
- See, for example, Vehicle Code 23538b VC.
- See, for example, Vehicle Code 23600b1 VC.
- For general California rules in relation to the Interstate Drivers’ License Compact, see Vehicle Code 15020 – 15028 VC.
- See same.