Out-of-State Driver DUI Lawyer in San Jose, CA A Suspended Privilege, Not a Card

What the officer takes, and what is issued instead

Section 13382 directs that where chemical test results show 0.08 percent or more by weight of alcohol in the blood of a person arrested for a violation of section 23152 or 23153, the peace officer, acting on behalf of the department, shall serve a notice of order of suspension or revocation of the person's privilege to operate a motor vehicle personally on the arrested person (Vehicle Code 13382). The next sentence is the one that distinguishes a visiting driver: the officer shall take possession of any driver's license issued by this state held by the person, and when the officer takes possession of a valid California license, issues a temporary license as an endorsement on the notice, valid for 30 days from the date of arrest. A license issued by another state is outside that provision, so the physical card generally stays with the driver while the order still exists. The officer must forward the completed notice and the report required by section 13380 to the department on or before the end of the fifth ordinary business day following the arrest.

The order suspends a privilege, not a card

Section 13353.2 directs the department to immediately suspend the privilege of a person to operate a motor vehicle on the stated grounds, which include driving with 0.08 percent or more, being under 21 with 0.01 percent or more, driving a commercial vehicle with 0.04 percent or more, and driving while on DUI probation with 0.01 percent or more (Vehicle Code 13353.2). For a nonresident the practical effect is a suspension of the privilege to drive in California. Section 13353.3 supplies the periods, four months where no qualifying prior appears within ten years and one year where one does, with the order effective 30 days after service (Vehicle Code 13353.3). What the home state does with the information is governed by that state's law, not California's.

California acts on out-of-state convictions, and reports its own

Section 13363 gives the department discretion in both directions. It may suspend or revoke the privilege of any resident or nonresident to drive a motor vehicle in this state upon receiving notice of a conviction in another state, territory or possession of the United States, the District of Columbia, Puerto Rico or Canada, of an offense which, if committed in California, would be grounds for suspension or revocation (Vehicle Code 13363). Subdivision (b) limits that: where another jurisdiction reports the conviction of a California licensee, the department is not to give effect to the report unless it is satisfied that the other jurisdiction's law is substantially the same as California's, that the description of the violation is sufficient, and that interpretation and enforcement of that law are substantially the same.

Residency is a defined term, not a self-description

Section 12505 sets out how residency is determined for driver licensing purposes, and states that for those purposes residency is the place where the person has their true, fixed and permanent home and principal residence and to which the person has manifested the intention of returning whenever absent (Vehicle Code 12505). Whether a driver is treated as a resident or a nonresident affects which reciprocal rules apply and which paperwork the department expects.

The hearing right does not depend on where the license came from

Section 13558 gives a person who has received a notice of order of suspension or revocation the right to request a hearing, and requires the department to hold that hearing before the effective date of the order where the request arrives within 10 days of receipt of the notice (Vehicle Code 13558). The same section requires that the hearing be held as close as practicable to the place where the arrest occurred, which for a San Jose arrest means the Driver Safety Office at 90 Great Oaks Blvd., Suite 104 (California DMV). The department states that hearings may be held remotely by Microsoft Teams videoconference, or by telephone using the number and passcode provided in the notice of hearing where the person does not have access to a suitable device, which is the practical answer for someone who has already left the state (California DMV).

The criminal case stays in Santa Clara County

Court appearances happen where the case was filed. Criminal matters arising in San Jose, Milpitas, Los Gatos, Saratoga, Monte Sereno and Santa Clara are assigned to the Hall of Justice at 190 West Hedding Street, with Morgan Hill and Palo Alto handling the other cities in the county (Santa Clara County Superior Court). The court's misdemeanor page describes the sequence as arrest, arraignment, pretrial and trial, and states the Penal Code section 1382 deadlines of 30 days from arraignment or plea for a defendant in custody and 45 days for a defendant out of custody (Santa Clara County Superior Court). This page is general information about California law and is not legal advice. A driver licensed elsewhere who has been arrested in Santa Clara County should speak with a licensed California attorney, and the attorney advertising on this site can be reached at the number posted here.