Free DUI Lawyer In California

Reader’s Question:

Back in 2006, I was convicted for DUI in New Jersey and I moved here in California just recently. How long will my DUI in NJ remain on my driving record and influence my auto insurance premiums here in CA?

Garrett

Berkeley, CA

Your DUI conviction in 2006 would be a part of your permanent Department of Motor Vehicles (DMV) driving record. Because you are now residing in California, you have to verify with the California DMV to determine if they have put your DUI or other traffic violations that were part of your New Jersey driving record on your new driving record as a resident of California.

In 2007, the reporting period for DUI violations became 10 years for all public requestors, which include auto insurance carriers. Before that, DUI violations stay on CA driving record for seven years. Under this new legislation, you might not be eligible for a good driver discount again until 10 years after you committed your DUI offense. Before 2007, a DUI may have been weighed up by auto insurance carriers for premium add-ons for seven years but currently, it could be taken into account for 10 years.

Because your DUI offense happened out of state, you can get in touch with the insurance regulator for CA which is the CA Department of Insurance to determine how long an auto insurance provider in CA can consider your DUI conviction in NJ from 2006. You can also get in touch with an auto insurance agent if you have any further questions about your auto insurance costs.

Reader’s Question:

If my drivers license was suspended for two DUIs in the state of Michigan can I obtain a drivers license in LA California?

Dan

Los Angeles, CA

although the state of Michigan is not a member of the DLC your suspended license will be listed in the National Driver Register (NDR) which Los Angeles California will verify before allowing you to get a license in CA.

The Drivers License Compact (DLC) is a reciprocal agreement that many states within the US are members of and requires the member states to forward the licensing state of a driver when he or she is convicted of a certain traffic violation. The licensing state then can know if the violation is put on the individual’s driving record, if points are applied, etc. The National Drivers Register is used by all US states, so both California and Michigan do have access to it.

When applying for a driver’s license in Los Angeles California the California DMV will verify the NDR. This database will then notify the Department of Motor Vehicle to any action against your driver’s license in other state(s). Once they aware that your drivers license is revoked in MI due to the two DUIs you will be unable to receive a CA driver’s license. To obtain a license in California you will first need to take care of your suspension or revocation in Michigan. If you are able to have your drivers license reinstated in MI then CA should be able to see this on your NDR listing and grant you a drivers license.

Reader’s Question:

My cousin from Nevada was charged with DUI here in Berkeley, California and his out-of-state license was confiscated by the police officer. Is there a different DUI case process for out-of-state drivers? How can he get his home state license and will Nevada know if he will be convicted for DUI?

Valentin

Berkeley, CA

For people or drivers who are out of state visiting the state of California, DUI laws remain the same. If an out of state driver is arrested for DUI, that person will go through a similar criminal DUI process just like an in-state driver does. The process began when your cousin was arrested and the police officer confiscated his driver’s license. Since his license was confiscated, he was issued a temporary license that is valid for 30 days. He must schedule an Administrative hearing with the California Department of Motor Vehicles (DMV) within 10 days of his arrest. If he fails to schedule a meeting with the DMV, it could result to automatic suspension of his California driving privileges.

If your cousin will be convicted for his DUI charge in Berkeley, California, the state of Nevada will know about this. There is an Interstate Driver’s License Compact (IDLC) which is an agreement between 45 states to communicate about driving-related crimes which include DUI crimes. The states of California and Nevada are part of this agreement so California will notify your cousin’s home state of his non-residential DUI conviction.

Reader’s Question:

HI. I have DUI conviction and I just want to know what a DMV “APS Hearing” is in San Francisco California?

Richard

Thank you for asking Richard.

In addition to court proceedings that involve your DUI defense, a California DUI arrest will also triggers the Department of Motor Vehicle (DMV) administrative action to suspend or revoked your privilege to operate a vehicle. The Administrative Per Se Hearing (APS) is your opportunity to challenge the DMV’s attempt to revoked or suspend your driver’s license. It is important that you contact your DUI lawyer within ten (10) days of your arrest to obtain a hearing for you with the DMV. Your California DUI lawyer will advise you of the issues to be addressed at the hearing and will assist you using all of his skill and experience as San Francisco DUI defense lawyer there to protect your privilege to operate a vehicle. Your lawyer may be able to present your case solely upon the written documentation in your case, but sometimes it may be necessary for witnesses to testify, including yourself, the arresting officer and our blood alcohol expert.

MariCAR