Reader’s Question:

A friend who is visiting from another state was arrested for DUI here in Los Angeles, California. Can he still drive in California and will his driver’s license be suspended in his home state?

Candace

Los Angeles, CA

Since your friend was arrested for DUI in Los Angeles, California and he has an out-of-state driver’s license, he would face specific issues that could complicate his DUI case. His DUI arrest could jeopardize his driving privileges in his licensing state. Driver’s license is a property of the state that issued it. Since his license was issued out of state, the officer could not take his license. He would just be issued a temporary license, and a summary suspension of his California driving privileges will be held off for 30 days.

He should request for a California Department of Motor Vehicles (DMV) Administrative Per Se (APS) hearing within 10 days of arrest or he will lose his driving privileges after 30 days. If he doesn’t have a successful hearing outcome, or doesn’t request a hearing at all, the California DMV would notify his home state, and that state could suspend his license. He may believe that since he is an out of state driver, his DUI arrest in Los Angeles could not threaten his driving privileges, but that would be not the case.

Tags: DUI, DUI arrest, DUI lawyer