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What Out-of-State Drivers Should Know About DUI Charges in San Diego

By San Diego Attorney on December 30, 2025

Being charged with DUI while visiting another state can get complicated. If you are a non-resident facing DUI charges in San Diego, you might be wondering what happens next: Will your license be suspended back home? Will you have to return to California for court? Will your home state find out?

California has strict DUI laws, and the penalties can extend well beyond state lines. James N. Dicks is a DUI lawyer in San Diego at jD LAW where he has helped countless out-of-state drivers facing California DUI charges.

California Can Penalize You Even if You Are Not a Resident

You do not need to be a California resident to face the full weight of the state’s criminal justice system. Once arrested for DUI in San Diego, California has jurisdiction to:

• File misdemeanor or felony DUI charges
• Suspend or restrict your driving privileges within the state
• Impose fines, probation, mandatory DUI education programs, or jail time

Your Home State License Could Be Affected

The Driver License Compact (DLC) is an interstate agreement used by California and most other states to share driving records and convictions. That means California will report your DUI, and your home state will probably be directly notified.

Even if your state is not part of the DLC, they can still find out about a California DUI conviction through the National Driver Register (NDR).

Although California cannot suspend your home state driver’s license, your state’s DMV can take action once notified of your DUI arrest or conviction. Under the Driver License Compact, your home state can:

• Suspend or revoke your license
• Add points to your driving record
• Require you to complete DUI education or substance abuse programs

Each state has its own policies, but many treat an out-of-state DUI as if it had occurred locally.

For example:

• Arizona, Texas, and Florida often impose reciprocal license suspensions.
• New York may add points and assess fines based on the conviction.
• Nevada could suspend your license if California suspends your driving privileges.

Misdemeanor DUI Penalties

If you were arrested in San Diego for DUI, you will be prosecuted under California Vehicle Code § 23152, which defines it as a misdemeanor to:

• Drive with a blood alcohol content (BAC) of 0.08% or higher, or
• Drive while impaired by alcohol, drugs, or a combination

Penalties for a first-offense misdemeanor DUI in California may include:

• Up to 6 months in county jail
• $1,400 to $2,600 in fines and penalties
• 3–9 months of DUI education
• License suspension (California-only driving privileges)
• 3–5 years of probation

Felony DUI Penalties

You could face felony DUI charges if the following circumstances apply:

• Injuries or fatalities
• Child endangerment
• Refusal to take a chemical test
• Prior DUI offenses

Felony DUI penalties in California may include:

• State Prison Sentence: Typically, 16 months, 2 years, or 3 years. If someone was injured, the sentence could increase up to 4 years or more depending on severity and circumstances (e.g., multiple victims, great bodily injury).
• Fines and Fees: Up to $5,000 in fines, plus thousands more in court assessments and administrative fees.
• License Revocation: Mandatory 4-year revocation of driver’s license by the DMV.
• DUI School: Up to 30 months of court-approved alcohol education and rehabilitation.
• Formal Probation or Parole: May be imposed following prison release; can include mandatory check-ins and drug/alcohol testing.
• Ignition Interlock Device (IID): May be required on all vehicles owned or operated, for a period of 1–3 years.
• Restitution: Required to pay for any injuries or damages caused during the incident.

You May Not Have to Return to California for Every Hearing

One of the biggest concerns for non-residents facing DUI charges in San Diego is whether they must travel back and forth for court dates.

In many cases, a skilled attorney can appear in court on your behalf for most misdemeanor DUI proceedings, saving you the time, cost, and inconvenience of multiple trips back to California. However, you must attend in person for:

• Felony DUI charges
• DUI trials (in most cases)
• Certain plea hearings or sentencing hearings (depending on the court)

Protecting Your Rights from Afar

Managing DUI defense as a non-resident is especially complex, and trying to handle it from out of state without counsel can make matters worse. Every missed deadline, court appearance, or administrative action can increase the severity of penalties, or result in a warrant for your arrest.

An experienced San Diego DUI defense attorney who understands non-resident cases can:

• Request and represent you at DMV hearings
• Negotiate with prosecutors to reduce or dismiss charges
• Handle most court appearances without requiring your presence
• Challenge unlawful stops, test procedures, and arrest protocols
• Coordinate sentencing alternatives that comply with your out-of-state residency

At jD LAW, we provide aggressive DUI defense for non-residents, and we have successfully helped clients from across the country fight California DUI charges and return home with their record and license intact.

DUI Consequences Can Follow You for Years

An out-of-state DUI is not something you can leave behind once you get home. If convicted, the charge stays on your criminal record, and the court may impose penalties that require monitoring or action in your home state.

Potential long-term consequences include:

• Loss of driving privileges in multiple states
• Loss of commercial driver’s license (CDL)
• Increased insurance rates or cancellation
• Difficulty securing employment, especially if driving is involved
• Immigration issues for non-citizens

California DUI convictions are not eligible for expungement until probation is completed, which typically lasts three to five years.

Speak With an Experienced San Diego DUI Lawyer Today

At jD LAW, we understand how difficult it is to deal with legal matters when you are living in a different state. That is why we provide a strategic defense designed to reduce the disruption to your life.

Attorney James N. Dicks is a former LAPD investigator with over 30 years of experience defending DUI charges throughout Southern California. We know the courts and the system, and we understand how to protect your rights, wherever you live.

Call (760) 630-2000 for your free consultation.