Two parallel proceedings: California and your home state
When an out-of-state license holder is arrested for DUI in California, two separate legal processes begin simultaneously. California's DMV immediately initiates an Administrative Per Se (APS) action targeting your privilege to drive within California. This is separate from your actual home-state license, which California has no authority to suspend directly. You will receive a pink DS-367 form that serves as a 30-day temporary driving permit in California. You have 10 calendar days from arrest to request a DMV hearing to challenge the California APS action. Meanwhile, California will notify your home state through the Driver License Compact, and your home state will then decide what to do with your actual driver's license under its own laws.
How the Driver License Compact works
The Driver License Compact (DLC) is an interstate agreement through which member states share DUI conviction and license action information. When California processes a DUI conviction involving an out-of-state driver, it transmits the information to the driver's home state through the DLC. The home state then treats the California DUI as if it had occurred in the home state and applies its own laws accordingly. Forty-five states are current DLC members. The five non-member states — Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin — do not receive automatic DLC notification, but may still receive information through other channels, and non-membership does not guarantee insulation from consequences.
The 10-day hearing window still applies
Even though California cannot suspend your home-state license, the 10-day hearing deadline is still critical. Requesting a DMV APS hearing within 10 calendar days of arrest preserves your right to challenge California's suspension of your California driving privilege. During the hearing process, a temporary stay of the APS action typically keeps your California driving privilege valid. If you miss the window, California's suspension of your right to drive in California takes effect automatically on the 31st day after arrest. More importantly, prevailing at the DMV hearing can prevent a conviction notation from being transmitted to your home state through the DLC, which significantly reduces the home-state exposure.
What your home state typically does
When your home state receives notification from the DLC, it generally applies its own DUI laws to the California conviction. This means the home state can suspend or revoke your driver's license, impose DUI program requirements, and add the conviction to your driving record just as if the DUI had happened in your home state. The severity of the response varies significantly by state. States with mandatory DUI suspension laws will act quickly. States with more discretionary frameworks may require a separate hearing. A few states treat an out-of-state first DUI more leniently for licensing purposes on a first offense. Your free analysis will address what your specific home state typically does.