I am a California resident visiting Florida and received a DUI. What are the consequences for this in California?
2 attorney answers
Dealing with a DUI from out of state can get very complicated. To begin, I agree with Mr. Bishop that it's important for you to hire an attorney within the first 10 days of your arrest. If you miss that deadline then you will waive your right to challenge the administrative suspension of the DUI and it could cause you problems on the criminal side as well. In addition to all of the usual benefits of having an attorney on your case, it will be especially helpful for you in that you won't have to keep travelling back and forth to Florida. Your attorney will be able to appear on your behalf for preliminary hearings so that you only need to go to court once, if ever.
Well you need to get an attorney if you don't have one. Unfortunately, we cannot have two driver's licenses or two passports, so if FL takes your license and FL gives you a DUI, then CA will have to recognize and honor the FL DUI. In short, you won't be punished criminally in CA for the DUI, rather you would be punished in FL for the DUI if you are found guilty or plead guilty. That takes care of the Criminal Portion. As far as the administrative law portion (your Driver's License) again, if FL takes your license, then when you get back to CA, CA will treat it just like Cali took your license. This sucks! because you may have to hire an attorney help you get a license when you get back to Cali. Or, when you get back to Cali you go the DMV and see if you can get some sort of harship license or business purpose driver's license where you are only allowed to drive to work, school, grocery, etc. In the long run though, if you get another DUI charge in Cali, then Cali would probably try to charge you for a 2nd DUI if you plead guilty or are found guilty in this DUI. You need to hire a private attorney within 10 days to request and admin. hearing, even though the hearing won't have for about 30 days, but at least it gives you a temporary license. But remember, CA won't give you a license until you take care of the DUI in FL. You may be able to trick CA and go back and say you lost your license and I need a new one, but if CA finds out about the FL DUI, they will probably just suspend you CA license until you come back here to FL to take care of the DUI + you would probably have an outstanding arrest warrant here in FL.