Recent budget cuts in the California court system have resulted in closed
courts, fewer staff and many delays in civil cases, but also in criminal cases
such as DUI and drug arrest trials and hearings.
An LA Times article states that the California courts have lost about 65% of
their state support in the last 5 years and affects from those cuts are continuing
to increase. These cuts are causing delays in hearings and trials, causing
records to go unprocessed for many months, and reducing the number of services
at public windows.
What does this mean for those arrested
for a DUI?
One of the most damaging results of a DUI is the temporary loss of your
driver’s license. Normally, the California
DMV will automatically suspend your driver’s license unless you request a DMV
hearing within ten days of your arrest. This
delays suspension until the outcome of the hearing is determined. If you win your hearing, no suspension
occurs. But, how will this affect you if
the court delays your hearing due to recent budget cuts? When you do finally
have a hearing and the hearing officer decides that the officer reasonably
believes that you were driving under the influence, you were lawfully arrested
and you had a BAC of 0.08% or higher, then your license will be suspended at
that time. With the California court budget cuts, this could mean that the
first hearing is delayed by weeks or months and the amount of time without your
driver’s license could be devastating to your work and personal life.
What happens if you get a DUI arrest
in California but live in another state?
If you are arrested for a DUI in the State of California but live in another
state, the arresting officer will give you notice that your driving privileges
in California will be suspended in 30 days. The California DMV is notified and
you have 10 days from your arrest to challenge the suspension by requesting a
hearing. As mentioned above, the license suspension is delayed until the
outcome of the hearing. But with recent budget cuts, does this hearing still
take place as quickly as before?
Probably not.
And if you lose the
hearing, your driving privileges in California will be suspended for up to 4
months for first offenses and longer for those with previous DUI convictions.
Other Consequences of a DUI arrest in
California for Out-of-State Residents
Suspended driving privileges in California will most likely affect your driver’s
license in your home state as well. All but 5 states in the U.S. belong to the
Interstate Drivers License Compact (IDLC), which means that your home state
will get notified of any driving arrests and will most likely take additional
action against your driver’s license and record. The only states that do not
belong to the IDLC are Georgia, Massachusetts, Michigan, Tennessee and
Wisconsin.
Even if you don’t live in California or don’t request a hearing you will be
involved in a DUI criminal court proceeding in the State of California. The
California Superior Court takes actions that are separate from the California
DMV.
These proceedings can be costly and
time consuming. It is in your best interest to hire a California DUI attorney
to assist you thru the process, especially if you are unable to attend all the
court appearances because you live out of state.
There are a number of hearings and court appearances that may result in
reduced or dismissed charges and the case may or may not go to trial. In either case, the process is going to take much
longer with the delays occurring from the California court budget cuts.
In many cases, your DUI attorney or the judge will recommend court approved
online DUI Alcohol Programs as part of your sentence.
Tom Wilson Counseling Center provides online DUI classes specifically designed for out-of-state
residents that received a DUI in the State of California.
Register online for the following online classes. We accept VISA, MasterCard, Discover and American
Express, as well as debit cards.
If you need to arrange to make payments, please call our office directly
at 1.877.368.9909, Monday-Friday, 9am-5pm MST.
Benefits of Online Classes:
- 100% online and available 24/7
- Secure registration and payment
- Convenient and Confidential
Classes Available for California Non-Residents:
