Dealing with an Out of State DUI

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If you get a DUI out of state, there will be consequences that vary from state to state. DUI is the acronym for Driving Under the Influence. In most states, you will suffer the same consequences as if you had received the DUI in your home state. But there are possible legal defenses because in some cases the out-of-state laws may prove to be stricter which means you might be able to avoid suspension or revocation of your license.

Your Home State will Learn About Your DUI

You cannot stop your home state from finding out about a DUI just because it was received out-of-state as many people believe. The National Driver Registry (NDR) is a database that contains nationwide information about DUI convictions, license revocations, license suspensions and serious traffic violations.  The out-of-state DUI will be reported to the NDR as will information concerning the status of your driver’s license in the state issuing the DUI.

In addition, many states will directly notify the home state motor vehicle agency when there is a DUI conviction.

Actions Your Home State May Take

In general, the issuing driver license state may take several actions. Some states will suspend, limit or revoke your license as if the out-of-state DUI was received in the home state. License reinstatement will also be subject to the home state laws. You may discover at the time you try to renew your license that it has been revoked.

Usually you can apply for license reinstatement in your home state whenever the state where you got the DUI reinstates your license.

In some states the blood alcohol concentration to qualify for a DUI charge may be lower than that of the blood alcohol concentration in your home state.  This may provide a logical defense to prevent in-state application of DUI laws. In other words, you can avoid a license suspension or revocation.

Reasons to Consult with an Attorney

In cases of out-of-state DUI convictions, it is important to consult an attorney with expertise in drunk driving case defenses for many reasons.

  • Learning and understanding out-of-state DUI laws is difficult
  • DUI charges can sometimes be dismissed based on the law so you avoid a conviction
  • Obtaining proof of out-of-state license reinstatement and then convincing the in-state Motor Vehicle Department to reinstate your license can be frustrating and time consuming

An attorney can often help get individual rights restored much sooner than would be possible otherwise. Legal expertise is needed to deal with the complex differences in DUI laws from state to state.

This article is provided for informational purposes only. If you need legal advice or representation,
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