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Out of State Drivers

Out of state drivers who are arrested for driving under the influence in California face a variety of legal complications. As in all DUI instances, the driver will have to fight two separate cases. The first case is the criminal case, which is fought in court. The second case is with the Department of Motor Vehicles and is fought during a scheduled DMV hearing. During the DMV hearing, the accused can try to prevent his or her driving privileges from being suspended in California.

10 Day Rule

After a person is arrested for DUI in the state of California, the officer will take possession of his or her driver’s license. Even though the driver is from another state, the DMV will begin the process of suspending the individual’s driving privileges in California. During the arrest or after being released from jail, the person will be served with a pink suspension notice or a temporary license form, entitled Form DS-367. After the date of his or her arrest, the individual only has 10 days to schedule a hearing with the Department of Motor Vehicles to contest his or her California driving suspension. Failure to schedule a hearing will result in automatic loss of driving privileges in the state of California.

DMV Hearing

The DMV officer has the burden of justifying the suspension of the person’s California driving privileges. In order for the suspension to occur, the DMV officer must conclude that the arresting officer had probable cause and lawfully made the arrest. He must also find that the driver’s BAC results were 0.08% or higher. The DMV hearing is very technical, and while the arresting officer may testify at the hearing, the final decision will be based upon the facts presented.

Interstate Driver’s License Compact

The Interstate Driver's License Compact (DLC) is an agreement between 45 states to communicate about driving-related crimes, including DUI convictions. Only Tennessee, Georgia, Wisconsin, Massachusetts, and Michigan are not part of the Interstate Driver’s License Compact. All other states have agreed to notify each other of a DUI conviction. Certain states only take action after being notified of a DUI court conviction. Among the states that will only act upon a court conviction, some will only take action if the burden of obtaining a criminal conviction in the other state is equal to that of the home state. Certain states may add additional penalties to those given in California and others will impose fewer consequences.

San Francisco DUI Attorney

If you have been arrested for DUI in San Francisco, obtaining a qualified attorney is the most important decision you can make. A DUI attorney can protect your rights, inform you of your legal options, investigate the conditions of your arrest, and question law enforcement and witnesses.

A skilled attorney can also provide the resources and aggressive defense you will need to successfully fight your DUI charges.

The Law Office of Robert Tayac has been helping people charged with DUI in San Francisco for over twenty years. Attorney Robert Tayac has the education, training, and experience to defend you in this driving under the influence case. Mr. Tayac can also schedule your hearing with the California DMV and represent you at the hearing. Remember, you only have 10 days to prevent your driving privilege from being suspended.

Contact The Office

Mr. Tayac and the DUI investigators and experts working with him stand ready to help you or your family member. A member of the office is available to speak with you regarding the case any day of the week between the hours of 8:00 a.m. and 8:00 p.m. Pacific Standard Time at 415-552-6000.

If you hire the Law Office of Robert Tayac, you will know that you have retained the services of the most knowledgeable and experienced DUI defense team. Contact our firm today!

Why Choose Our Firm?

Attorney Robert Tayac Puts a Long, Decorated Career to Work for You
  • Puts Over 20 Years of Experience Toward Your Case

  • Specialized Education in DUI Defense

  • Has Trained Other Attorneys in San Francisco

  • Former San Francisco Police Officer & Police Inspector

  • Certified by the SFPD on the Intoxilyzer 5000 Testing Device

  • Co-Authored the 4th Edition of California Drunk Driving Defense

  • Boasts a Successful Record Achieving the Best Result for His Clients

  • Takes the Time to Understand You & Your Case

Client Testimonials

  • “You made me feel confident and reassured that all aspects of my case were being handled in a professional and efficient manner.”


  • “...thank you for walking me through this process and making me feel at ease.”


  • “It was a pleasure working with you and the firm.”


  • “Thank you again Robert, and we are just hoping that we can move on and 'let it go'.”


  • “I just wanted to thank you for your wonderful work on getting my conviction expunged from my record.”

    N.D., DUI Attorney

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