You Got a DUI in California. But You Live Somewhere Else.
Maybe you were in Orange County for vacation, visiting family, attending a conference or traveling for work.
Now you are back home with a California DUI case, a court date hundreds or thousands of miles away, and questions about what California can do to your driver's license.
The biggest mistake is assuming the case disappears when you leave California.
Does a California DUI Matter If I Don't Live in California?
Yes. An out-of-state driver's DUI arrest can still create a California criminal case and a separate California DMV administrative proceeding involving that person's privilege to drive in California.
The effect on the person's home-state driver's license can involve the laws and procedures of that state as well. That is why an out-of-state DUI should not be treated as merely a California traffic ticket that can be ignored after returning home.
One DUI Arrest Can Create Two Separate California Proceedings
Being from another state does not merge everything into one case. The criminal court and California DMV address different issues.
The Criminal DUI Case
The criminal case is handled through the California court where the DUI charge is filed.
The defense can examine the traffic stop, driving evidence, field sobriety tests, statements, body-camera or dash-camera footage, breath or blood evidence and other circumstances.
California DMV
California's Administrative Per Se process is separate from the criminal prosecution and concerns the person's driving privilege in California.
A favorable result in one proceeding does not necessarily determine the result in the other.
What Happens After You Go Home?
In this video, I discuss the additional complications that can arise when someone receives a DUI in California but actually lives and holds a driver's license in another state.
The important thing is to deal with the California case deliberately rather than assuming that geographic distance makes the problem disappear.
Going Home Does Not Stop the DMV Clock
California DMV states that a person generally has 10 days after receiving the suspension or revocation order to request an administrative hearing.
That deadline can arrive long before the first criminal court date. An out-of-state driver should therefore not wait until returning to California—or until the first court appearance—to address the DMV side of the case.
The DMV proceeding is separate from the criminal prosecution and concerns the person's California driving privilege.
Six Things to Address Promptly
An out-of-state DUI becomes easier to manage once the different issues are separated and handled in an organized way.
Keep Every Document
Preserve the citation, temporary license, DMV paperwork, property receipt and any documents provided after the arrest.
Calendar the DMV Deadline
Do not assume the criminal court date is the first deadline that matters.
Confirm the Court
Determine where the criminal case is expected to be filed and when the first appearance is scheduled.
Preserve Evidence
Receipts, photographs, travel records, witness information and other time-sensitive evidence may become important.
Review California Evidence
Police reports, body camera, dash camera and chemical-test evidence should be evaluated just as they would for a California resident.
Check Home-State Consequences
Your home state's treatment of a California DUI should be evaluated under that state's laws rather than assumed.
“But California Didn't Issue My License.”
That is an important distinction—but it does not mean the California DUI can simply be ignored.
Do not assume either extreme: that California automatically cancels your home-state license, or that your home state will never learn about or act upon a California DUI. The actual consequences should be checked for the state that issued your license.
Do I Have to Fly Back to California for Every Court Date?
Not necessarily. Whether a defendant must personally appear depends on the charge, stage of the case, court orders and applicable California procedure.
In some misdemeanor cases, California law permits an attorney to appear for a defendant without the defendant being personally present for certain proceedings. That does not mean a defendant can simply decide not to appear.
The goal in an out-of-state case is to determine early which appearances can lawfully be handled through counsel and when the court actually requires the client's presence.
This can make an enormous practical difference for someone who lives across the country and would otherwise need to arrange flights, hotels, missed work and repeated trips to Orange County.
California Requirements Can Follow You Home
Resolving the criminal case is not always the end of the administrative driver's-license problem.
California DMV has specific procedures addressing people who receive a California DUI but reside elsewhere. The correct procedure depends heavily on what happened in the individual case.
These are not automatic solutions for every nonresident DUI. Before submitting forms or assuming California requirements no longer apply, the person's DMV record and exact requirements should be reviewed.
What I Want to Know About Your Case
Distance changes the logistics. It does not change the need to examine the evidence.
Understand the Rest of the California DUI Process
Out-of-State California DUI FAQs
What happens if I get a DUI in California but live in another state?
You can still face a California criminal DUI case and a separate California DMV administrative proceeding. Your home state's licensing laws may create additional consequences, so all three issues should be evaluated rather than assuming the matter ends when you return home.
Do I have to come back to California for court?
It depends. In some misdemeanor proceedings an attorney may be permitted to appear without the defendant personally present. Other proceedings or court orders may require personal appearance. Never miss a scheduled appearance unless your attorney has confirmed that your presence is not required.
Can California suspend my driver's license if another state issued it?
California DMV can take action affecting a person's California driving privilege. The effect on a license issued by another state depends on that state's laws and procedures. Do not assume that having an out-of-state license eliminates California DMV issues.
Do I still have only 10 days to request a California DMV hearing?
California DMV states that a driver generally has 10 days after receipt of the suspension or revocation order to request an administrative hearing. Living outside California does not mean that deadline should be ignored.
What if I already flew home after the DUI arrest?
Start by reviewing the paperwork from the arrest, the court information and the date the DMV deadline began running. Returning home does not prevent the California criminal and administrative matters from continuing.
Will my home state find out about the California DUI?
Information concerning an out-of-state DUI can affect licensing issues outside California, but the specific reporting and consequences depend on the licensing state and circumstances. The rules of the state that issued your license should be checked rather than assumed.
Can I complete DUI requirements in my home state?
Do not assume an out-of-state program will automatically satisfy a California requirement. Court, DMV, treatment-program and reinstatement requirements can differ. The exact California obligation should be identified before enrolling in a program elsewhere.
What is California DMV Form DL 4006?
It is California DMV's Application for Termination of Action. DMV states that qualifying residents of another state may use the procedure after applicable California DUI suspension or revocation periods and restrictions are no longer in effect. Eligibility should be confirmed before relying on the form.
You May Live Somewhere Else. Your DUI Case Is Still Here in California.
An out-of-state DUI creates two problems at once: defending the actual DUI and managing a California case when your life is hundreds or thousands of miles away.
I can review the California side of the case, including the police investigation, body-camera and dash-camera evidence, chemical testing, DMV proceeding, court schedule and which appearances may require your personal presence.
Hieu Vu
California Attorney · State Bar No. 265669
Tustin, Orange County
Attorney Advertising. This page provides general information about California DUI cases involving out-of-state residents and is not legal advice. Driver-license consequences outside California depend on the law and administrative procedures of the state that issued the license. Court appearances, DMV requirements, DUI programs, ignition-interlock requirements and reinstatement procedures depend on the individual case and applicable law. No particular result is guaranteed. Contacting the Law Office of Hieu Vu does not by itself establish an attorney-client relationship.