What Happens If You Get a DUI Out of State?
Most states are members of the interstate compact or the Driver’s License Compact.
The states of Massachusetts, Georgia, Wisconsin, Tennessee and Michigan are the only states that do not participate in the Driver’s License compact
It states that crimes committed by the drivers out of states are treated just as they committed the violation in state.
The interstate compact binds and requires all state members to report all types of traffic violations on a national database. It only means that if you were charged, even if out-of-state, your record would show in the national database.
So even if DUI penalties can transfer from state to state, how DUI penalties can affect your movement to a new state and ways an out-of-state license suspension works, you really need to know and understand. What is the impact of an out-of-state DUI offense? Learn more in the following.
Do DUI Penalties Transfer Over from State to State?
You can safely assume that the penalties can carry over from one state to another.
So if one state issues a DUI penalty, you won’t be able to apply for and obtain a new license in another state unless you settle current penalties on your old license.
That is one of the rules you must remember about DUI penalties and if they transfer over from state to state.
Even if it is not considered carrying over a penalty, it’s a penalty carryover, as limitations placed will affect you unless you clear them.
On the other hand, remember the five non-participating states. They don’t have a similar access to your driving record as compared to the 45 states that do have access on it.
Out-of-State DUI License Suspension
What do you need to know about out-of-state license suspension? Now, that’s another concern for many drivers. So what will happen if your license is suspended because you’re convicted of a DUI out-of-state?
One thing is that you’re likely going to face the same penalty or punishment in state. However, it’s not because of the out-of-state suspension applies to your origin state automatically.
But then, it can be because your home state has access to the DUI recorded through the national database.
Remember, the interstate agreement will apply and take effect if you’re DUI convicted. The same goes if you failed at complying with the court process after an arrest.
However, the Driver’s License Compact doesn’t call for an action if you’d get an administrative license suspension.
What to know is that an administrative suspension can be imposed right away if you’d refused taking a blood alcohol content test in accordance to the suspension imposed as a criminal penalty following a driving under the influence trial.
The same also applies if the BAC test shows that you’re over the limit age.
If you were pulled over for the violation in Florida but refused to take an alcohol breath test, your California license will not the taken away by the arresting law enforcement officer in Florida. California will not also suspend your license just because you refused undergoing the BAC.
However, California will honor the driver’s license suspension that Florida criminal court will impose if you were convicted on DUI charges.
At the very least, you could have your license suspended if you’re convicted of DWI/DUI. The incident will be reported to your home state.
Your license will then be suspended by the home state as per instructions from the arresting state, or it will be suspended for as long your home state deems necessary – whichever is longer, in state or out of state.
If I Get a DUI, Can I Move to Another State?
It can be challenging to move to another state if you’re on probation due to DUI. The matter also becomes more challenging because of the Interstate Compact for Adult Offender Supervision stating how states should be dealing with violator transfers from one state to another.
What should you do if you really needed to move to another state because of a job, for instance? In order to move from one state to another contact your state’s probation or parole board. You must also do the same with the *out-of-state’s probation or parole board. [*NOTE: It is the state where you want to move.]
Now if you have a DUI offense but not on probation for it, your intention to move to another state should not be affected. It shouldn’t affect you from moving to another state.
Should you return to where you’re arrested for DUI? Yes, you need to go back to the state where you’re arrested so that you’d have the opportunity to defend yourself against any charges.
Don’t ignore the required hearings or the state where you committed DUI will revoke your driving privileges permanently. For this reason, don’t fail to show up in required court hearings.
In addition, the state where you’re arrested can issue a warrant that will be on record in other states. So without even saying, your home state will know about the arrest and eventually suspend your license.
What DUI policies exist for out-of-state drivers? The IDLC member states report driving arrest records to each other. Thus, your home state will know that you’re arrested for it even if you’re in another state.
The Congress has set at or above .08 as blood alcohol concentration level. Thus, you’re legally drunk if the alcohol amount in your blood is at this level.
Each stat makes use of the standard for non-commercial and ordinary vehicles. It only means that if you’re legally drunk in the arresting state, your home state will also consider that you’re drunk.
However, the punishment can vary from one state to another. For instance, some states punish lightly while others do not. They may have lighter sentences.
Without even saying, jurisdictions have their own ways of punishing offenders based on their own rules and guidelines.
States that Don't Count Out-of-State DUIs
As mentioned, the states of Georgia, Wisconsin, Michigan, Tennessee and Massachusetts. They don’t have access to the national database, but you shouldn’t take them lightly.
Note – while they don’t have the national database access to your driving record, they ask other states about any previous DUI convictions you have when applying for a driver’s license.
If you don’t provide them with accurate information, you’ll put yourself at serious penalty risk, such as a perjury charge.
So remember, your DUI violation in one state is going to affect you even if out-of-state or even if you moved into a state not included in the interstate compact.
Should I Contact a Lawyer?
Being charged for DUI violations can have serious implications and consequences especially if you’re pulled over and charged for DUI out-of-state.
In this case, you may also have different questions surrounding your case. So before processing it, it is a prudent move to consult the best DUI attorney when you have to deal with a DUI charge.
There you have what to know about DUI charges out of state. Definitely, you must seek the assistance of a drunk driver accident attorney that can help you in the process and answer any questions you may have. Consult a DUI lawyer today!