Featured News 2014 Were You Arrested for a DUI in a Different State?

Were You Arrested for a DUI in a Different State?

If you are arrested for a DUI in a different state, you will want a lawyer on your side. You face a unique situation due to the Interstate Driver's License Compact or IDLC. This is a compact agreement between 45 states. These states arranged to exchange information about driving-related arrests and convictions. Your arrest could affect your privileges to drive in your home state, even if you were arrested somewhere else.

A skilled DUI attorney can show you if the IDLC will impact your case. There are five states that do not participate in the IDLC. These states are Wisconsin, Tennessee, Michigan, Massachusetts, and Georgia. If you are from one of these states and are arrested in another state, your information will not be passed along. The states that are a part of the IDLC have agreed to share information with one another if someone is arrested for an out-of-state DWI/DUI. The states also share information about convictions.

For example, Joe is driving through California with a BAC of 0.11%. He is pulled over by a police officer for swerving. The police officer takes his breath test and arrests Joe for driving under the influence. Joe is from Texas. When he is arrested in California, his information is shared with the Texas Police Department. Sometimes, a case will be expedited back to the defendant's home state. In other cases, the trial will be held in the state of the arrest.

If Joe's trial is held in California, then he will have to remain in the state until the verdict. If he is proven guilty, then his conviction will be sent to the Texas court system. Now, when Joe heads back to Texas, he may face a new set of sentences. These will override the penalties by the California court. Some states will impose lesser penalties. Other states will impose higher penalties or different penalties. Some states won't act on the report of conviction and instead trust the sentencing by the other court.

Drivers licensed in states that belong to the Interstate Driver's License Compact should know that communication between states is poor. Even if you are penalized in one state, there is a chance that your state will never take action. In some cases, when you are arrested for a DUI in another state and convicted in that state, your penalties only apply to that state.

For example, if Joe is convicted of a DUI in California, the Texas government may not discipline him for his crime. Therefore, Joe will still be able to drive in his state. The only place that he will not be allowed to drive is in California, where his license was "revoked." Because Joe has a Texas driver's license, the license can only be suspended in the state of California.

You may want a skilled DUI lawyer on your side to fight for justice in your case. An attorney may be able to help you avoid license suspension in your home state or avoid being penalized in both the state of your arrest and your home state. The National College for DUI Defense reports that any state that suspends your license is required to input the suspension into a Registry's computer databank.

Then ever member state is required to check the registry's databank when a person seeks to have his license renewed or tries to apply for a new license. If there is a license with an out of state suspension listed in the registry, the state can deny the applicant a license. Call a local DUI attorney if you want to fight your DUI conviction in an out-of-state DUI!

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