Can An Officer Confiscate An Out Of State License In A DUI Case?
A police officer is not supposed to take an out-of-state license. They can take a California license but if your license is out-of-state, they are not authorized to take it. California Highway Patrol officers understand this and will not take an out-of-state license. Every once in a while, however, local police departments and sheriffs will confiscate an out-of-state license and send it the DMV. You’re never going to see it again, in that case, and that is unfortunate. You will need to get a duplicate license in your home state.
What then needs to happen is for a hearing to be requested with the DMV in the location where you were arrested. We always set hearings up for our clients within 10 days of arrest. If a hearing is not requested 30 days from the arrest date, you will no longer have a license to drive in California and will have to take many steps to get back on the road.
Will A DUI In California Affect My Home State Driving Privileges?
If everything is done properly by the attorney who represents you in California, your home state will not see the out-of-state conviction. For most of my clients, their home state does not see it and their license is not affected by the time they might see it, years later. If you don’t have the right lawyer, who really knows what they’re doing, the chances of your home state finding out go up. You’ve just got to jump through the right hoops and have the right lawyer to help you do that.
In almost every case, if you live out outside of California and you get a DUI in California, and we’re handling your case, you will not need to come back to California. I can name almost every state in the United States where I’ve represented someone and they have not had to come back to California
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