Even if you do not live in California, you will suffer serious consequences if you are arrested for a DUI in Fresno. When you are arrested for DUI in the state of California, you will receive a 30 day temporary driver's license, followed by a license suspension.
Under the Interstate Driver's License Compact, the DMV will most likely report the arrest to the licensing agency in your home state, so you may additionally face consequences upon your return to your state of residence.
In Fresno, if you are charged with a DUI, a dedicated DUI attorney can represent you at a DMV hearing to contest the suspension, but you or an attorney must file a request for your hearing within ten days of your arrest. Our office will file a request by fax if you contact our office within the 10 day period required by DMV.
Depending on where you live, an arresting officer who has pulled you over on suspicion of DUI in the state of California will do one of two things:
1) The officer will confiscate your driver's license and issue you a temporary permit that will be valid for no more than 30 days, during which time you will be expected to take action at the DMV to have your license restored. This occurs when a police officer pull over drivers who are residents of California, but are out-of-towners in that area.
2) The officer will issue you a notice that your privilege to drive in the state of California will be suspended in 30 days' time. This occurs when you have been pulled over and you reside in another state. The officer should not take your out of state license because he or she has no authority to do so.
Once you are arrested for a DUI in Fresno, it is important to contact an attorney immediately to ensure you are complying with the laws of California. California drunk driving laws are usually more severe than other states and the consequences can be worse than what you would see in your state of residence. Therefore, it is better to retain an experienced drunk driving lawyer that can assist you in defending the charges against you.
After a DUI arrest in Fresno, you will be required to complete the proceedings that will be conducted in the California criminal court system.
Depending on the circumstances involved in your arrest and the charges that resulted from it, your defense attorney may be allowed to appear in court on your behalf.
This option is only offered to defendants who are facing misdemeanor charges and it extends to the rights to waive the right to being present for a number of other circumstances as well, including: the right to be present while evidence is obtained for the case, the right to be present while negotiations are made with the prosecuting agency and the right to appear in court on your scheduled hearing date.
If you are charged with a felony, the circumstances are different and your appearance will be required for some or all the court hearings. In limited circumstances, by hiring a DUI lawyer to represent you, the Fresno Court will allow our attorney to appear on your DUI case on your behalf so your appearance is not required.
Whether you are an in-state resident or not, if you have been issued a temporary license or a notice of future license suspension, you will need to schedule an appointment at a California DMV for your hearing.
Both in-state and out-of-state DUI defendants are processed in the same way in the state of California, making it necessary for individuals in both circumstances to retain legal representation in the area and then take the appropriate steps to move forward.
After a DUI arrest, the DMV hearing is the initial problem in the DUI process for out of state residents. By contacting DMV inside of 10 days window of your arrest, your driver's license suspension will delayed. A stay will be placed on your driver's license, allowing you to drive. This will help in California, as well as your home state. The suspension will not take place until after you receive notification of the results of the DMV hearing.
Regardless of the circumstances of your DUI arrest, a conviction is not automatic. There are various defenses that we can utilize, regardless of the fact that you do not live in the state. Even if you feel you do not have a fighting chance at winning your DUI, contact us to see what we can do to help. We have dealt with many out of state DUI cases, and chances are, we can help you with your Fresno DUI.
The Law Offices of Tina M. Barberi, PC has extensive experience with DUI cases and can give you precise and sound advice to make sure the DUI arrest does not continue to cause you problems in the future.
By discussing your case with an accomplished DUI lawyer, you will be certain that we can get the best result for your case, without you missing work, paying for travel to and from your home to Fresno, or losing your driver's license in your home state. Contact our DUI firm today to see how we can work for you.