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Zoey, JD
Zoey, JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  18 yrs of NYS criminal defense. Extensive arraignment, hearing, trial experience.
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I have been on an extended vacation in Florida and received

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I have been on an extended vacation in Florida and received a DUI. Have been processed through the court system, CA license suspended, ordered jail time, community service, fines, DUI Class and an IID along with probation for a year. In order to return home I need to go before the judge again. My question is will CA penalties be any different if transferred from FL, and will CA recognize the FL DUI Class? How can I get my CA license back? 2nd offense.
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Zoey, JD replied 5 months ago.
Hello,

My name is XXXXX XXXXX X will be assisting you with your question.

Because of the Interstate Driver's Compact, an agreement among almost every US state, including California and Florida, California has the right to treat this DUI as if it is its own. Florida can only suspend your driving privilves, but then the Florida's Compact administrator notifies California of your conviction, and California will suspend your license.

As part of your Florida sentence, you must comply with whatever the FL court imposes on you. But in order to get your license back, you have to apply for reinstatement in California. They will require that you complete your FL requirements, but the California DMV will assess independently when your suspension period is up and will determine at the time what, if anything, you need to do for them as well. Typically, you will not have to serve another full sentence, but there may be some California penalties that will be imposed upon you in order to get your license back.

California is known for not recognizing any classes other than its own, but this is a Florida arrest and not a CA arrest. If Florida requires that you take FL classes, whether CA will make you take more classes will be up to the DMV. California will likely require an interlock for a second DUI.

You can read about how to reinstate a CA driver's license here.
Customer: replied 5 months ago.

The other issue is I currently do not own a vehicle and Florida states that in order to obtain a restricted license I must first have a vehicle registered in my name and then an IID installed. Is that the same for California?


 


And other penalties such as? Community service, fines?


 


After all I'm going to have to go through in FL would it make more sense just to get a FL license?


 

Expert:  Zoey, JD replied 5 months ago.
Hi Kristina,

You will be unable to get a new license anywhere while your license in California is suspended. And, of course, you need to be a FL resident to get an FL license.

Yes, CA will also require an interlock device for a second DUI. So you will face that same particular problem there as in FL. Whether they will want fines and community service as well is up to the DMV. I am sure they will want SR-22 insurance.
Customer: replied 5 months ago.

So just to be clear... I will have to do DUI school in FL and CA to get any type of license? Restricted or reinstated? Have considered becoming FL resident anyway but could not get license here until CA reinstated? Of course with the IID and SR22 on a vehicle registered in my name.


 


Thank you for your help! This is all so confusing and overwhelming!

Expert:  Zoey, JD replied 5 months ago.
It's really confusing with two states involved.

Florida sentenced you to probation and made requirements of you. Whatever they are, you must complete. Then you must get past the suspension period before you can apply to get another license anywhere. At whatever point you'd be eligible to get your CA license again because your suspension period is over, you could then try to get a FL license if you'd rather.
Zoey, JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15180
Experience: 18 yrs of NYS criminal defense. Extensive arraignment, hearing, trial experience.
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