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.
Will My Home State Find out?
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.
Talk to an Attorney for an Out of State DUI
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.
want to know how to win in a DMV HEARING IN THE STATE OF CT. WHERE I ACTUALLY WAS OUT OF THE CAR AND FLAGGED THE OFFICER DOWN FOR ASSISTANCE IN REMOVING SOMEONE WHO ASSUALTED ME WHILE I WAS DRIVING.
Did you contact a lawyer yet in the location of the arrest? A lot will depend on the arrest circumstances.
To Whom it may concern,
I want to file a lawsuit for FALSE ARREST and pain & suffering. I was homeless at the time and living in my car that I now, no longer own. The pig lied through his teeth and said on WEB CAM that he was going to get me!! I was appointed a Public Defender. I was driving my car at the posted speed limit of 30 mph on West St. in Annapolis, Maryland. The pig threw the book at me with 8 charges simply because I challenged the reason why he pulled me over in the first place. He had NO PROBABLE CAUSE, period!
This was on Halloween night of 2016. Technically 11/1/2016 @ 12:35 am. I challenged the officer as to why he pulled me over and he said I was doing a excessive rate of speed. Really?? BULLSHIT!!!
I had a witness who was following me and saw me get pulled over. I measured the distance from the public library to where I was stopped at the Lighthouse Liquor store on West St. The distance was exactly ONE mile. I stopped at the light at Chinquapin Round Rd. I measured the distance from their to Lighthouse liquor store. Distance was half a mile. I went to Administrative Law Review/hearing on 12/19/16 and I testified that the pig was flat out lying and he had NO probable CAUSE to pull me over in the first place.
I even had my witness testify. At the end of the hearing, the AL Judge CLAIMED that she WANTED to hear TESTIMONY from the PIG and that we would schedule another date the following year to hear his testimony. In late January I received a letter from MVA GRANTING a POSTPONEMENT for the pig!!?? Really??? They rescheduled the hearing from 2/13/2017 to 3/7/2017. My INITIAL district court hearing was scheduled for 2/27/2017. I appeared at the court with the pig and my Public Defender requested a continuance to be able to REVIEW the ARREST from a CD as my arrest was recorded on WEB CAM! 3 days after the postponement on 3/2/17 my public defender calls me to say the STATE is DROPPING ALL of the criminal charges 3 (DUI, DWI, etc.) against me and would be entering the Nolle Prosequi into the record at the courthouse on 3/8/17.
What my public defender FAILED to tell me is that he was NOT going to BE PRESENT at my MVA hearing on 3/6. He tells me that the Public defender office has nothing to do with the MVA hearing, that they are ONLY responsible for the CRIMINAL charges filed against you. Really??? How do you call this a adequate DEFENSE!???
So, I entered the MVA hearing without proper representation and I could not afford a PRIVATE attorney because I was HOMELESS!! The day of the hearing I showed up ON TIME and the fucking PIG did not APPEAR after he was SUBPOENAED to DO so by MVA!!??? GO FIGURE!??? I figured that the CASE would be DISMISSED!! This ALJ came out of the hearing room and called OUT the PIG’s name. She said we will give him 15 minutes to appear. TIME EXPIRED! This PIG FAILED to APPEAR!!! For sure, I thought this hearing would END being DISMISSED but this WITCH begged to differ and says to me you have a first refusal back in 2005 and so I am going to BELIEVE the statement of the officer which was ONLY 2 sentences long and so I am going to SUSPEND your license for 2 years effective, immediately for FAILURE to REFUSE a Breath test. This lady allowed me to drive for 9 weeks and based her decision on hearsay nonetheless and did NOT give me the RIGHT to CROSS EXAMINE this PIG under OATH!! You call that JUSTICE!!!???
I call this a fucking RACKET and if you DO NOT have FUCKING MONEY to HIRE a private defense attorney your goose is COOKED!!! How would you FEEL?????? Then I find out that the state is going to TRY and prosecute me for the remaining 5 citations (4) Moving citations including RECKLESS driving and failure to wear a seat belt and set me up for ANOTHER court date on 6/5/2017. GO FIGURE???
So, I appeared with a private attorney who I retained for 200 dollars and guess WHAT??? The FUCKING PIG FAILED to APPEAR… AGAIN!!!
The judge found me NOT GUILTY!! ALL 5 charges DISMISSED!!!
So, then I filed for EXPUNGEMENT of my CRIMINAL charges and they were GRANTED in SEPTEMBER of 2017. Meanwhile I filed a APPEAL against MVA and my hearing was scheduled for 10/23/17. The PUBLIC DEFENDER would NOT DEFEND my APPEAL!!
So, I was forced TO LOOK for a PRIVATE attorney and they were asking for a retainer from 3,000 to 10,000 dollars to DEFEND me with my appeal!!! REALLY??? You can’t BE SERIOUS!!!!???? This SYSTEM is beyond a RACKET and full of corruption!!! I was FORCED to DEFEND myself before the Circuit Court and once AGAIN the PIG FAILED to APPEAR and my ARGUMENT was the OFFICER FAILED to TESTIFY UNDER OATH.
BY Maryland LAW this PIG is REQUIRED to TESTIFY and I entered in evidence to the judge the handbook for the Anne Arundel County Police guidelines for the year 2016 and STILL the judge UPHELD the ruling!!!??? REALLY??? What a fucking SHAM!!
You call this JUSTICE??? This was totally outrageous but like I stated earlier NO MONEY, NO JUSTICE!!! I DID NOT DESERVE to BE TREATED like a CRIMINAL!!! I had NO RECORD, NO POINTS etc. Unfortunately the LAW CHANGED ONE month before the initial arrest. A second refusal was ONLY ONE years suspension and they CHANGED the LAW to 2 years. At the initial MVA hearing I even told the ALJ that I am a volunteer for medical research.
I give my body to the medical community and I receive payment upon completion of the study for being healthy!!! That WITCH could care less about MY LIFE!!! THE SYSTEM made sure to set me up as a example if you don’t have MONEY to DEFEND yourself then your SCREWED!!!
I FIND this to be fundamentally UNFAIR and totally a miscarriage of JUSTICE!! In all of my 35 years of DRIVING I had never been pulled over ON HALLOWEEN NIGHT!!! That PIG stated on WEBCAM that he was going to GET ME!!! What kind of foreseeable ACTION is necessary to TEACH those PEOPLE who CARRY the blue badge a lesson!!??? There are GOOD cops and BAD ones who I CALL PIGS who ABUSE their POWER because of the blue shield. I LOST my CAR because of the SUSPENSION. I could not TRAVEL across this country to find work or visit my family and friends. This STATE abuses their privilege when the VICTIM ( DRIVER) has NO MONEY to DEFEND themselves. I don’t cop no PLEA WHEN I AM INNOCENT of ALL charges!!! They State of Maryland and the Anne Arundel County Police Department caused me a whole lot of PAIN & SUFFERING and beyond!!! TELL me something….. HOW would YOU FEEL!!!!!????? I hope someone on your end LISTENS to WHAT I have to say!!??? Someone WHO is HONEST and WILLING to FIGHT for THE TRUTH and JUSTICE on my behalf?!!!
Someone WHO WILL take CHARGE and fight back AGAINST the LAW and bring me some well deserved MONEY for my PAIN & SUFFERING at the hands of this judicial system in the state of Maryland !! thank U
Ma’am this is an Arby’s drive thru. We can’t help you.
Lol!
Does an out of state (Delaware) person who twice lost their driving privileges in Pa. need to comply with the “Ignition Interlock” to have their driving privileges restored in Pa? All other obligations have been fulfilled.
You will have to contact the Pennsylvania DMV to find out. PA and DE are joined in the Driver Licenses Compact (DLC) so they will know about the out of state DUI.
4 years ago I was a minor charged with a DUI. I have neglected to take care of it but I’d like to take care of it now. Can I go to another state and apply for a license without so many penalties as the state I got arrested in
You will need to take care of it in the state you got the license suspension in. You can try to see what your local DMV will say but most likely they will see the out of state suspension and tell you to take care of it before applying in the new state.