If you get charged with a DUI, it can be stressful and overwhelming, especially if it happens in another state. You may feel very overwhelmed by how unfamiliar the legal landscape is or find yourself wondering what to do.
Imagine confidently dealing with this difficult situation and knowing exactly what’s happening. Knowing the process and legal representation you’ll need will help you work toward the best outcome possible. Start preparing now with our comprehensive guide detailing what to expect.
DUI Laws Across States
DUI laws are different from state to state, with each having its definitions, limits, and penalties. For example, while the legal BAC is 0.08 percent in many jurisdictions, some have more strict limits on commercial or underage drivers.
Furthermore, although driving above the legal BAC is a crime, the strictness of the penalties differs dramatically. You may receive fines or a license suspension for various periods. Moreover, some even attach ignition interlock devices after the first offense. This very variance highlights the need to understand your state’s specific DUI laws.
Many states participate in interstate agreements like the Driver License Compact. These share driving records, thus allowing for cross-state enforcement of penalties. As a result, a DUI charge in one place could have similar repercussions in your home.
Immediate Actions to Take
The most critical thing to do on being charged with a DUI out-of-state is to remain calm and cooperative. Arguing or resisting will escalate the matter and increase your risk of receiving even more charges. Provide the documents that will be required of you: driver’s license, vehicle insurance, and proof of car insurance coverage.
Next, you will need to find the services of a local attorney specializing in DUI cases. These lawyers generally know specific laws and procedures that are in most instances influential on the way the case proceeds. They can guide you through the legal process, represent you in court, and assist in negotiating the penalties or alternative sentencing.
Gathering and preserving any type of evidence related to your DUI charge is critical. Remember to keep a copy of the police report because this will contain some vital information. For instance, it contains the officers’ observations and results of field sobriety or breathalyzer tests conducted. If possible, get the contact numbers also of the witnesses if their testimony could help in your defense.
Legal Process
In many instances, if you have been charged with a DUI in another state, you must appear in court in that jurisdiction. If you somehow cannot appear, or miss a court date, this usually will not end well: additional charges, fines, or possibly even an arrest warrant are possible. It becomes critical to know what the judge wants you to do and when, and to set up travel and arrangements accordingly. In many cases, an attorney may appear on your behalf throughout the proceedings, but this varies under state laws.
The most important thing to have is an aggressive and experienced attorney who will walk you through the charges and penalties. They’ll represent, speak with prosecutors, and aid in minimizing the charges. A local attorney can also help you with the characteristics and inclinations of particular judges and prosecutors.
You will most likely need to post bail to be released from custody. Bail amounts are determined by the offense and your previous record. If you pay bail, then you must meet all of the conditions ordered by the court. These can include attending all future court appearances and not drinking alcohol. Failure to do this may result in the revocation of your bail, and you will face more severe penalties.
Penalties and Consequences
There are immediate penalties for an outside-of-state DUI that include fines, license suspension, and jail time. These vary from state to state, depending on the laws and circumstances of the offense. For example, some states have mandatory jail time for first-time offenders. Meanwhile, others could have larger fines and community service.
Apart from immediate penalties, a conviction can have long-term and disturbing effects on your life. High insurance premiums will hurt your wallet, and there may be complications involved in job searches. A DUI can damage your personal and professional reputation, and it can even include alcohol education or rehabilitation.
Under terms of interstate compacts, a DUI in another state may affect your driving privileges in your home state. There can be further actions, including extended license suspension or putting points on your record.
License Suspension and Reinstatement
One of the most direct consequences of a DUI charge is an administrative license suspension. In general, this suspension may kick in even before your court date. This punitive measure usually happens if you fail or refuse to take a breathalyzer test.
You or your DUI lawyer must act fast to request a hearing or otherwise appeal the suspension. Losing your driving privileges can be automatic and affect your ability to get to work or fulfill other obligations.
Getting your license back after a DUI suspension requires you to successfully navigate a complex reinstatement process. You will likely be asked to fulfill requirements like paying the reinstatement fees, along with completing DUI education or therapeutic programs. Furthermore, you might also have to install an ignition interlock device on your automobile.
Many states require either DUI education or DUI rehabilitation as a condition for license reinstatement. This may include participation in education programs that address problems associated with alcohol use and driving behavior. Completion of these may sometimes be required to remove the suspension and to reduce penalties.
Limiting the Impact
A DUI attorney can construct competent legal defense strategies which may include:
- Contesting the legality of the traffic stop
- Attacking the accuracy of the breathalyzer or field sobriety tests
- Bargaining a plea to less serious charges
Alcohol education or treatment classes can be of the best help in the lessening of your charge. These programs evidence your commitment to addressing any underlying issues and can paint your case in a positive light. They also enable you to gain some valuable insights and strategies for avoiding another DUI in the future.
Finally, consider alternatives like cabs, ride-share apps, or public transportation. Designate a driver or something else for safe transportation to avoid another DUI charge. Precautions taken in this matter will not only ensure legal safety but will also encourage responsible behavior.
Get a Referral to a DUI Attorney Who Can Help
If you are charged with an out-of-state DUI charge, it does not mean you are doomed. Rather, the legal process can be understood, and proactive steps will help minimize its effect on your life. Staying up-to-date about the variations in the laws for DUIs, complying with the legal proceedings, and addressing both short-term and long-term consequences will help.
If you or anyone you love has been charged in another state with a DUI, you do not have to walk this complex path alone. Ask our representatives for a referral to a local attorney. Our representatives have connected over 5 million people to legal help in the United States!
Call (866) 345-6784 or complete this online form today!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
