Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Getting arrested for a DUI in another state can feel overwhelming, especially when dealing with unfamiliar laws and processes. While the consequences for an out-of-state DUI can vary, they often involve license suspension, criminal charges, and potential penalties that may follow you home. Here’s what you need to know about handling a DUI when it happens outside your home state.

Will Your Driving Privileges Be Suspended?

If you are arrested for a DUI in another state, the Department of Motor Vehicles (DMV) in the arresting state can suspend your driving privileges within that state.

DMV Suspension Process

  • Automatic Suspension: Most states allow the DMV to suspend your ability to drive in their state after a DUI arrest.
  • DMV Hearing: You have the right to challenge the suspension by requesting a DMV hearing. However, you must act quickly because deadlines to request a hearing vary by state.
  • Failure to Respond: If you don’t request or attend the DMV hearing, the suspension will typically become final.

It’s important to understand that while your driving privileges may be suspended in the arresting state, your home state may also impose its own suspension if they are notified of the arrest.

Will You Face Criminal Charges in the Arresting State?

Yes, the arresting state will likely file criminal DUI charges against you. These charges will be based on the state’s specific laws regarding driving under the influence or driving with a blood alcohol concentration (BAC) above the legal limit.

Court Appearances for DUI Charges

Once charges are filed, several court appearances may be required. If you fail to appear in court, the judge can issue a bench warrant for your arrest. However:

  • Misdemeanor DUI: In many states, you can waive your appearance and have your attorney represent you in court.
  • Felony DUI: For more severe charges, personal court appearances are usually required.

It’s essential to work with a local DUI attorney who understands the laws and procedures in the arresting state. An attorney can appear on your behalf for misdemeanor charges and help protect your rights throughout the legal process.

What Penalties Can You Face for an Out-of-State DUI?

The penalties for a DUI vary by state but often include significant consequences that can affect your freedom, finances, and driving privileges.

Common DUI Penalties

  • Jail Time: Depending on the severity of the offense, you may face mandatory jail time.
  • Fines: DUI convictions typically come with hefty fines and court fees.
  • DUI School: Completion of an alcohol education or DUI program may be required.
  • Probation: Many DUI convictions result in misdemeanor probation with specific terms.
  • Ignition Interlock Device (IID): Some states require you to install an IID in your vehicle, which prevents you from starting the car if alcohol is detected on your breath.

Aggravating Factors

Penalties can increase if you have:

  • Previous DUI convictions.
  • A high BAC level at the time of arrest.
  • A history of traffic violations or a poor driving record.

Your attorney can help negotiate for reduced penalties, plea agreements, or alternative sentencing to minimize the impact of the DUI.

Will Your Home State Find Out About the DUI?

In most cases, yes. If your home state is part of the Interstate Driver’s License Compact (IDLC), the arresting state will share details of the DUI with your state’s DMV.

How the IDLC Works

  • Information Sharing: The arresting state notifies your home state of the DUI arrest and conviction.
  • Additional Penalties: Your home state may impose its own penalties, such as suspending your license or requiring DUI school, even if you are already facing penalties in the arresting state.

The IDLC ensures that offenses committed in one state are treated as if they occurred in your home state. The only states that do not participate in the IDLC are:

  • Georgia
  • Massachusetts
  • Michigan
  • Tennessee
  • Wisconsin

Even if your home state is not part of the IDLC, most states still have ways of learning about out-of-state DUI convictions.

How a DUI Attorney Can Help

If you’ve been arrested for a DUI out of state, hiring a DUI defense attorney in the arresting state is crucial. A lawyer can:

  • Represent you in DMV hearings and criminal court proceedings.
  • Challenge evidence, such as BAC results or traffic stops.
  • Negotiate to have charges reduced or dismissed.
  • Work to minimize penalties and protect your driving privileges.

Having professional legal support ensures that you understand your options and can effectively fight the charges against you.

Protect Yourself After an Out-of-State DUI

An out-of-state DUI can have lasting consequences, including license suspension, fines, and penalties that follow you to your home state. Acting quickly to secure legal representation and challenge the charges can help minimize the impact on your life.

If you’re facing an out-of-state DUI, contact Law Office of Michael L. Fell at (949) 585-9055 to discuss your case and take the first step toward protecting your rights and future.