Facing An Out Of State DUI-DWI

Facing An Out Of State DUI-DWI

Facing An Out Of State DUI-DWI? Today’s guest blog is by New Jersey DWI Defense Attorney Evan M. Levow at Levow DWI Law

Getting any sort of a traffic ticket out of state can be a nuisance at best if not a downright hassle. If you have any objections to the validity of the ticket, or simply want to contend it to attempt to decrease the penalty, it comes with a cost. You will likely have to show up on the scheduled court date in that specific state. At best, you can hire an attorney on your behalf.

Facing An Out Of State DUI-DWI

An out of state DUI/DWI is a much more serious event. There might be an impulse to think that since you have left your home state, you have also left all your responsibilities and senses behind too. However, an out of state DUI can and will follow you, and it can have serious consequences if not dealt with properly. The basics surrounding this situation will be covered below, but it is always recommended that you consult an attorney to navigate all the twists and turns that you can encounter.

Facing An Out Of State DUI-DWI

What Is The Cost Of Out-Of-State DUI?

There is a contract between participating states called the Interstate Driver’s License Compact. Most states will honor the DUI license suspension in the state it occurred. Essentially, this compact draws on laws from both your home state and the state which the DUI occurred. Because of this, the consequences can sometimes be complicated based on the different laws and penalties that the two states have. Both states will be interested in having their laws and penalties enforced.

As with anything, each situation has its own unique circumstance. In the case of an out of state DUI, it depends on your criminal history. If you’re clean, the consequences aren’t going to be as severe. If you have a history, the state you got the DUI in will likely take the effort to pursue you in your state of residence.

Under this compact, the state in which you received your DUI will report this to a national registry called the National Driver Register (NDR). Your state will eventually check this information when it’s time to renew your license or much sooner if you need a replacement. If the DMV in the state of the DUI contacts your home state directly, which is possible, your license will be revoked or suspended by your DMV soon. The NDR also allows this information to be seen in the event of a traffic stop or another arrest.

Basically, you will be entered into a national information system that shares conviction details. Most states have pretty similar laws and penalties when it comes to DUIs and how they define it. This system allows them to look up details of a person’s conviction as well as reciprocate the penalty for that conviction. This means that they will look at the details of the circumstances of your DUI and determine what similar penalties to hand down. Each state has its own set of consequences.

Facing An Out Of State DUI-DWI

Will You Face An Arrest?

What you can reasonably expect if you are arrested for an out-of-state DUI is that the arresting state is going to get what it can before you leave the state. They will arrest you and hold you for a hearing, and trial if it’s necessary. Your license will be suspended in that state for around a year and this information will be added to the national registries mentioned. Certain states will contact your home state directly. You will also be responsible for any fees or fines, and likely won’t be allowed to leave the state without paying them. It makes sense that the arresting state believes that if you leave without paying, you will intentionally never return.

In certain circumstances where there might be unresolved issues after you leave the arresting state, a bench warrant will be issued. While this does not mean that you will be arrested in your home state (most states will not have a person stand trial for certain things that occurred in another state), it can prevent your travel plans in the future. Should you enter the arresting state afterward and you are asked for your license for something as simple as a routine traffic stop, you will be arrested.

 

Author Bio:

Evan M. Levow, Esq. is an award-winning New Jersey DWI defense attorney at Levow DWI

Law who has been successfully representing drivers arrested on DWI charges in New Jersey for

decades. In addition to his dedication to representing his clients, Evan is also committed to

giving back by helping educate drivers throughout the country about DUI laws and safe driving practices.

Facing An Out Of State DUI-DWI