Legal Question in DUI Law in California

I am an australian citizen, recently immigrated to California. I was convicted of a DUI and 6 months suspended licence just before I left Australia 8 weeks ago. How does this affect my ability to get a CA driver's license and auto insurance?


Asked on 3/26/12, 6:28 pm

2 Answers from Attorneys

Joshua Hale Hale Law Group

You will be unable to get a driver's license while suspended if you have an AU license. You would need a CA license, and request a restricted license in CA. You would also have to complete your classes, and any other requirement of probation in order to comply with the court order. If you come to CA, and as a resident, you may be able to request a CA driver's license, and have it restricted for the course of the suspension. If not, you will not be able to drive for the full 6 months, and/or 4 months from the DMV, which could make a total of ten months suspension.

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Answered on 3/26/12, 6:37 pm
Rick Mueller San Diego County DUI Law Center

I don't think there's a strong likelihood that California will pick up Australia's suspension.

Australia is not a member of the Compact. See http://www.sandiegoduilawyer.com/out_of_state.html .

If this happened in California, see http://www.sandiegoduilawyer.com/articles/secrets-of-sr-22-insurance.html but I think it did; it happened in Oz.

You have your valid Oz license unless or until Oz tells you differently (if at all).

"If you are a visitor in California over 18 and have a valid driver license from your home state or country, you may drive in this state without getting a California driver license as long as your home state license remains valid."

Whether or not your state finds out, one must "wait and see." Right now Australia does not know. As long as Oz has your present mailing address, you know you would have received a letter if Oz takes any action.

To apply for a California license, Click on http://www.dmv.ca.gov/dl/dl_info.htm#two500 "How to apply for a driver license."

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Answered on 3/26/12, 6:57 pm


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