Getting a DUI (Driving Under the Influence) is a serious offense no matter where you are. But for drivers who get an out of state DUI in California while visiting or passing through, the consequences can be even more confusing. You might wonder: Will my home state find out? Will I have to return to California for court? Will I lose my driver’s license back home? This guide answers these questions and more—explaining what really happens after an out of state DUI in California.
Understanding DUI Laws in California
California has strict DUI laws under Vehicle Code 23152. You can be charged with a DUI if:
Your blood alcohol concentration (BAC) is 0.08% or higher (0.04% for commercial drivers, 0.01% for drivers under 21).
You’re under the influence of drugs, alcohol, or a combination of both.
You’re impaired even if your BAC is below 0.08%.
Law enforcement in California uses field sobriety tests, breathalyzers, and sometimes blood or urine tests to determine impairment.
Immediate Consequences of a DUI Arrest in California
If you’re arrested for DUI in California, even as a non-resident, here’s what typically happens:
Your California driving privileges are suspended.
The arresting officer may confiscate your driver’s license and issue a pink temporary license (DS-367), which allows you to drive for 30 days in California.DMV administrative process begins.
You have 10 days from the date of arrest to request a DMV hearing. If you don’t, your California driving privileges will be automatically suspended.Criminal charges are filed.
DUI is a criminal offense in California. You’ll be given a court date (usually in the county where you were arrested), even if you live in another state.
Will California Report My DUI to My Home State?
Yes, most likely. California is a member of the Interstate Driver’s License Compact (IDLC), an agreement among 46 states to share information about serious driving violations, including DUIs.
If you are convicted of a DUI in California, your home state will likely be notified. That means:
Your home state DMV may suspend your license.
You might be required to complete a DUI program or install an ignition interlock device (IID) at home.
Insurance rates in your home state may increase.
Exceptions include Michigan, Wisconsin, Georgia, and Tennessee—not IDLC members—but even they may still take action if notified.
Will I Have to Come Back to California for Court?
In most cases, yes—at least for certain parts of the process. However, there are ways to minimize travel:
Hire a local DUI attorney.
A California DUI lawyer can often appear on your behalf in misdemeanor cases, meaning you might not have to come back for every hearing.Failure to appear is serious.
Missing a required court date can lead to a bench warrant for your arrest. If you’re pulled over in your home state, you could be detained and extradited.
What Are the Penalties for an Out-of-State DUI in California?
Penalties depend on the severity of the offense and whether it’s your first DUI. Here’s what a first-time misdemeanor DUI might include:
License suspension
Fines and fees
DUI education program
Probation
Jail time
Ignition Interlock Device (IID)
Repeat offenses, high BACs, refusal to take chemical tests, or accidents can lead to harsher penalties—including felony charges.
How Does This Affect My Driver’s License Back Home?
Because of the IDLC, California’s DMV will likely notify your home state. Each state handles out-of-state DUIs differently, but typical actions may include:
License suspension or revocation
Mandatory alcohol education
SR-22 insurance requirement
Reinstatement fees
Even if your home state doesn’t suspend your license, you won’t be able to drive in California until your suspension there is lifted.
Can I Fight a DUI Charge in California from Another State?
Yes, and you should strongly consider doing so—especially if the arrest circumstances were questionable. Common defenses in out-of-state DUI cases include:
Improper traffic stop
If the officer lacked reasonable suspicion to pull you over, the case might be dismissed.Faulty breathalyzer or blood test
Testing errors can result in inaccurate BAC readings.Medical conditions
Certain conditions can mimic signs of intoxication.No proof of impairment
If the prosecution can’t prove beyond a reasonable doubt that you were impaired, you could be acquitted.
A skilled DUI lawyer in California can evaluate your case and help you avoid unnecessary travel or penalties.
What If I Ignore the DUI Charge?
Ignoring a DUI in California is a big mistake. If you fail to appear in court or resolve your charges:
A warrant for your arrest can be issued.
Your ability to renew your driver’s license—even in your home state—can be blocked.
You may be arrested if you re-enter California.
Unresolved charges will follow you and hurt your record long-term.
How to Protect Yourself After an Out-of-State DUI
Act fast.
Request a DMV hearing within 10 days of arrest.Hire a California DUI lawyer.
Make sure they are familiar with out-of-state cases.Stay in contact.
Monitor your case status, court dates, and DMV deadlines—even from afar.Follow through.
Complete any court-ordered programs or penalties, even if you live elsewhere.Check with your home state DMV.
Find out what requirements or consequences you may face locally.
Conclusion
A DUI in California is stressful enough—but it’s even more complicated if you’re from another state. Fortunately, you don’t have to face it alone. Understanding how California’s laws interact with your home state and hiring the right legal help can make a major difference.
Whether you were visiting family, driving through on a road trip, or just in the wrong place at the wrong time, knowing what happens next—and taking swift, informed action—can protect your license, your record, and your future.
Don’t face a California DUI alone—especially if you live in another state. At Southwest Legal, we specialize in defending out-of-state drivers arrested for DUI in California. Our experienced team can often appear in court on your behalf, fight for reduced charges, and help you navigate both California and your home state’s DMV requirements. Schedule a Free Consulation to get answers fast and protect your driving future. With Southwest Legal on your side, you don’t have to let a California DUI follow you home.
