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Law Firm of Aaron Bortel

Can An Officer Confiscate An Out Of State License In A DUI Case?


In California, police can confiscate a California driver’s license after a DUI arrest. When this occurs, an administrative per se hearing must be requested with the DMV Driver Safety Office near the location where you were arrested within 10 days of the arrest. We set up these hearings on behalf of our clients and what this does is prevent a suspension and keep you driving until a hearing can be held many months later. If a hearing is not requested 10 days from the arrest, then 30 days after the arrest date your license will go into suspension.

When it comes to an out-of-state license, law enforcement is not supposed to take the hard copy license. Generally, California Highway Patrol officers understand this protocol. However, every once in a while, local police departments and sheriffs will end up confiscating an out-of-state license and will then send it on to the DMV. When that happens, it is unlikely you will ever be able to reclaim that physical license. You will need to get a duplicate copy in your home state.

Will A DUI In California Affect My Home State Driving Privileges?

There are ways to lessen the chances of your home state from seeing a DUI arrest or suspension on your record. This has a lot to do with timing and getting the proper high-risk SR-22 supplemental insurance policy in California.

In almost every case, if you live outside of California and you get a DUI in California, we can usually handle everything so you will not need to come back to California. However if you are charged with a Felony DUI you will in many cases be required to attend court in the county where the DUI occurred.

For more information on DUI Case Involving Out Of State Drivers In CA, a FREE case evaluation is your next best step. Get the information and legal answers you are seeking by calling (415) 523-7878 today.

Aaron Bortel

Get your questions answered - Call Us 24/7 For a FREE Case Evaluation (415) 523-7878

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