As you probably already know, each state has its own DUI laws. You may know the laws and procedures of your home state, but what happens if you are arrested and charged in a different state? This is not as uncommon as one might think, as people often have a few too many during a vacation dinner and end up behind the wheel only to see flashing lights in their rear view mirror. So, what exactly happens to you when you are arrested for a DUI in a different state?
The beginning of the process is exactly what will happen if you had been arrested in your own state. The officer will bring you into the station and require chemical tests. If you refuse to take the tests, your license is automatically suspended or revoked according to state law. In addition, the officer will file charges against you and you will have a hearing scheduled.
Now, this is where it gets tricky. The state may or may not alert your home state as to the violation, resulting in your license being suspended in that state as well. Regardless, if you are ever stopped for a traffic violation or your license is up for renewal, the out of state DUI will show up. While you may not face penalties and fines from your home state, you may lose your license according to the terms of your home state DUI laws.
In addition to these problems, you will also have to attend the out-of-state trial. Just as you would in your home state, you will have certain administrative paperwork that must be filed on time or risk further penalties. Failure to do so may also result in the automatic forfeiture of the right to actually fight the case in court.
So, what should you do? Our recommendation is to immediately find a local attorney that will help you better understand the local laws and the chances of actually winning the case. The second thing you will need to do is consult with a DUI attorney in your home state (assuming the attorney for the state in which the violation occurred is not licensed to practice in both states) to see what your options are if you lose the case in the state in which the DUI occurred.
To find local attorneys as well as being able to have the case evaluated free, please fill out the Free DUI Arrest Form today.
DUIRights Support is comprised of legal writers and attorneys who are able to generate useful information about issues relating to DUI. Please use all information at your own discretion and never use the information as legal advice without consulting with an attorney.