Out of State DUI: What to Do

When people travel out of state on business or vacation, they often rent a vehicle to use during their trip. All licensed drivers must adhere to the traffic laws in each state and these can differ greatly throughout the nation. While it may be legal to use a hand-held cell phone in Illinois, motorists in California are prohibited from doing this. The legal limit in all 50 states is a blood alcohol concentration (BAC) of .08 or less. However, the consequences may be vastly different and if convicted, the driver could end up without a license or being offered new accommodations in the county jail. An out of state DUI charge could end up causing problems in the state where you were arrested as well as your home state.

How States Share Information

The Interstate Driver’s License Compact (IDLC) is an agreement that exists between member states in sharing information pertaining to drunk driving convictions and other traffic offenses. Currently there are 45 states that participate in addition to the District of Columbia. Some states share information through the Non-Resident Violator Compact (NRVC) or the Registry of Motor Vehicles (RMV). Offenders who fail to pay their traffic violations may have their license suspended in their home state. If the person’s home state does not have the same type of law, the individual may not be held liable for the offense.

DUI Penalties For Out of State Offense

The penalties for a DUI conviction can vary greatly depending upon the state’s laws at the time of your arrest. The consequences could include the penalties of where the offense occurred which may be harsher than where you reside. Let’s say that you get charged with a DUI offense in the State of Washington. The Washington Department of Licensing cannot suspend the individual’s license because it is considered the property of another state. They will notify the licensing state of the charges through the IDLC and your home state can choose to suspend your driving privileges upon conviction for the offense.

Handling DUI Charge in Another State

Some states have passed strict laws requiring even first-time DUI offenders to a mandatory minimum amount of jail time. If you are arrested in Arizona with a BAC of .20 or higher, expect to spend the next 45 days in jail which is mandatory and cannot be suspended by the judge. Once you have been arrested and charged with a DUI offense, the court will send you a notice to appear. If you fail to show up in court for the hearing, the judge will issue a bench warrant for your arrest. Any employer that runs a background check may find this resulting in being denied employment. The primary course of action is to hire an attorney in the state where the offense occurred. They will legally represent the defendant in court and can mount a rigorous defense on their behalf.

When to Hire Legal Representation

Once you retain legal counsel, your attorney can go to court and fight the charges. There are a variety of ways to challenge the method of chemical testing. There could be a question regarding whether the officer had probable cause to pull you over. In many cases, you may not ever have to return for a court appearance. A skilled DUI lawyer could be successful in getting the charges reduced, thereby avoiding a DUI conviction. Never let an out of state DUI charge turn into more serious penalties. Handle it immediately by hiring an attorney that specializes in DUI cases in the state where you were arrested.