California DMV Suspensions of Out of State Drivers

California DMV Case The California Department of Motor Vehicles (DMV) may suspend the privilege of an out of state driver to drive in California. There are several reasons the DMV will use to support such action. One of the more common reasons is if a person licensed out of state is arrested in California for driving under the influence (DUI). The out of state driver or an attorney representing the out of state driver has ten days from the date of the arrest to request a California DMV hearing to challenge the license suspension or the privilege to drive in California will be automatically suspended thirty (30) days from the date of the DUI arrest.

In addition, the California DMV will notify the Driver License Compact (DLC) of the suspension. The Driver License Compact is an interstate compact used by states to exchange information concerning license suspensions and traffic violations of non-residents. This information is forwarded to the state where the out of state driver is licensed (known as the home state). In most cases, the home state will treat the offense as if had been committed at home, applying home state laws to punish for the out of state offense. The action taken in the home state may include driver license suspension and imposition of evaluation requirements and drunk driving schools.

In order for a driver's state to penalize a license holder for an out of state offense, the home state must have an equivalent statute. If the home state does not have an equivalent statute, no action can be taken. Presently, ninety percent of the states, including California, are members of the Driver License Compact. Michigan, Wisconsin, Georgia, Tennessee and Massachusetts are not presently members of the DLC.

In addition to the Driver License Compact, the Non-Resident Violator Compact is an interstate compact used by 45 states to process traffic citations across state borders. When a motorist is cited in another member state and chooses not to respond to the citation, the state in which the violation occurred will notify the driver's home state. The driver's home state may take action against the license up to and including suspension. All states are members of the Non-Resident Violator Compact except Michigan, Wisconsin, California, Montana, and Alaska.

Sometimes a person holds an out of state license, yet resides in California. There may be many legitimate reasons for this which include having residence in two or more states or intending to return to the home state when a business project, military assignment, or educational program is completed. In such cases it is important to contact a qualified attorney immediately.

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