QUESTION
If I have a Restricted License in Texas, can I drive a rental car in California?
Asked on Aug 18th, 2012 on DUI/DWI - California
More details to this question:
As a term of my bond release, I received a restricted License in TX but the case is still pending. From what I read in the California statutes, all of their interlock restrictions come from DWI/DUI convictions, which I don't have. V C Section 23247 (e) states: "It is unlawful for any person whose driving privilege is restricted pursuant to Section 13352, 23575, or 23700 to operate any vehicle not equipped with a functioning ignition interlock device."Those 3 sections ALL apply to convictions.For out-of-state drivers, the CA.Gov Driver's handbook only says the driver needs to hold a valid license, but states nothing about complying with any out-of-state restrictions. It seems to be a gray area of the law, therefore it appears to me there is nothing that says I can't legally drive a non-interlock rental car in CA? It should be noted the arrest in Texas occurred over 2 years ago and I have long since given up drinking.
3 ANSWERS
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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Dude, you need to ask the California DMV.
Most states have a reciprocal agreement on suspensions but I can't tell you if Texas and California have such an understanding.
Answered on Aug 27th, 2012 at 11:11 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Likely not, call the rental car company in advance to discuss their rules.
Whatever restrictions apply to your TX license apply in every state and in every car.
If an IID is required of you by court order or rule of law from TX, it is required here, regardless of what CA might or might not have done in similar cases.
Answered on Aug 27th, 2012 at 11:11 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You may have more of a practical problem. The rental agency may check your license and refuse to rent to you or require an ID.
Answered on Aug 27th, 2012 at 11:03 AM