Unfortunately, you will have to deal with the DUI in Hawaii before you can do anything in California. There is a central clearinghouse of drivers license information for all 50 states, and if your license is suspended in one state, most other states won't give you one.
In California, an attorney could probably handle this case on your behalf, so you wouldn't actually have to go to court in Hawaii. There may be similar laws in Hawaii, but you need to check with a DUI lawyer licensed in that state.
It is important that you clear your DUI license suspension in Hawaii before attempting to get a license in California.
Unfortunately, if you continue to drive in San Diego without a valid license and are stopped by an officer, you can be charged with a misdemeanor or infraction VC 12500(a)--Driving Without a Valid CA Driver's License. Vehicle code violations in California are expensive and a headache. Plus, enough of these violations can eventually land you in jail (VC 14601.3(a)).
Start with clearing your license in Hawaii.
The above statement is not legal advice. No attorney-client relationship exists.
Best of luck!
www.cassandrahearn.com
Since I am shooting for third place on the leaderboards and am out of questions to answer or legal guides to write I am going to do what most attorneys on do which is agree. With Mr. Marshall that is. The other lawyer is not incorrect but I don't know her whereas Mr. Marshall is always correct. His answer is the safe bet.
Hawaii's Failure to Appear has put the hold on your California license because of the outstanding DUI and the Interstate Compact. The IC is a multi-state agreement between participating states to share information and reciprocate. The Compact includes San Diego DUI convictions and California license suspension actions.
If a holder of an out-of-state license or resident of one state has his or her driving privilege suspended or gets convicted of DUI in another state (California), the home state can be notified. The home state, in theory, will honor and reciprocate - take action to suspend the driver's license unless proper & timely steps are taken within 10 days to protect that state license.
This means if you do not have a California driver's license - and even if you do not plan to ever drive again in California - a DMV suspension of your driving privilege in California may result in a suspension of your home state driver's license. You probably have some questions about the difference between the DUI criminal charge and the license suspension action.
You likely want to avoid, if not minimize, any driver's license suspension action taken by the San Diego California Department of Motor Vehicles (DMV) against a randomly assigned index number which ultimately is to be honored by the home state.
You may prudently seek the assistance of a California DUI Defense Attorney Specialist.
Because drunk driving is illegal in all jurisdictions, understand what it is: the act of operatingand/or driving a vehicle while under the influence of alcohol and/or drugs to the degree that motor skills and mental skills are impaired. The specific criminal offense is usually called driving under the influence of alcohol and/or other drugs (DUI), and in some states driving while intoxicated (DWI), operating while impaired (OWI), or operating a vehicle under the influence (OVI). Many state DUI or drunk driving laws also apply to piloting aircraft or boating.
All states in the U.S. designate a per se breath or blood alcohol level as threshold for an independent criminal offense. A second criminal offense of driving "under the influence" (DUI) or "while impaired" (DWI) is also normally charged in most states, with a permissive presumption of guilt where the person's BAC is .08% or more (units of milligrams per deciliter, representing 8 g of alcohol in 10 liters of blood). Some states (Colorado) include a lesser charge, sometimes referred to as driving while ability impaired: it applies to individuals with a .05 percent or above, but less than the .08 per se limit for the more serious charge.
The list of states, below, indicates whether a given state belongs to the Interstate Driver's License Compact, and if so, the year they joined. Massachusetts, Wisconsin, Tennessee, Georgia and Michigan are all Non-compact states and should, in theory, not share DUI conviction information.
If you have any specific questions about how the Interstate Compact Act may apply in your case, you may want to contact a DUI & DMV defense lawyer specialist in your state. States vary in their respective actions. Military personnel are not exempt.
NRVC - This is a list of the Non Resident Violator Compact... A list of states that communicate with one another if you get a ticket out of your home state.
DLC - This is a list of states that belong to the Driver License Compact. An agreement between these states basically says you have only ONE drivers license record.
You should hire a top-notch DWI Lawyer. In Hawaii, Patrick McPherson has helped several people in your same situation. You can also research other local attorneys at www.NCDD.com. Good luck!