In the United States, each state makes its DUI laws. This means when you travel out of your state of residence, the DUI laws obtainable in the next state might be different from what you’re accustomed to. Additionally, some states have stricter DUI laws than other states.

Generally, the consequences of a DUI conviction are severe and include loss of driving privileges, jail time, and hefty fines. However, since the legal repercussions of driving under the influence vary widely depending on your location, here are some things you must know about DUIs when visiting another state.

How Does A DUI Case Work In other States?

According to the office of Aaron Black, a group of Phoenix DUI lawyers, the general procedure followed by law enforcement when stopping a motorist on suspicion of drunk driving is consistent everywhere. A Breathalyzer test will be requested, and an array of roadside tests will be administered. If the driver fails any of these tests, they will be arrested for driving under the influence.

Bail before trial is an option in some jurisdictions, while in others, defendants must remain in jail until their trial date. The recommended blood alcohol concentration (BAC) in all states is anything below 0.08%.

Suspension of Driver’s License in the State You’re Visiting

There are two scenarios in which the Department of Motor Vehicles in the state you are arrested will initiate the administrative process of suspending your license. They are:

  • Your Blood Alcohol Content (BAC) is equal to or over the legal limit in the state
  • You opted out of taking a Breathalyzer or chemical test.

Across the states, there seems to be a pact between some states to share knowledge regarding traffic and license violations. This is known as the Driver’s License Compact.

While each state’s laws on license suspension may be different, many states have agreements in place to recognize license suspension in neighboring states. You’ll have a chance to dispute the suspension. The suspension may continue even if your court date is still a while off, depending on the law in your state. Furthermore, the license suspension in that state can become permanent if you lose your appeal or choose not to appeal at all.

Suspension of Driver’s License in Your Home State

A person’s driver’s license in their home state may be revoked due to a conviction for driving under the influence in another state. Your local Department of Motor Vehicles may receive information about the incident from the state where it occurred and can take away your driving privileges. In some cases, you may be asked to:

  • Participate in alcohol awareness programs
  • Pay a reinstatement fee

There are a lot of variables that affect how long a suspension lasts. Longer suspension periods may be imposed on offenders with multiple DUI convictions. Additionally, if one gets in a car accident after a DUI and if this accident leads to death or injury to others, a person may expect to face grave charges in court.

The Court Appearance

An interstate DUI arrest may necessitate your presence in a local court. Hearings may be presided over by a judge or, in some states, a jury. It is crucial to keep track of dates so that court appearances are not missed. If you fail to appear in court, you may face serious consequences, such as

  • A warrant being issued for your arrest in that state
  • New crimes such as “failure to appear” and “bail jumping.”
  • The risk of being arrested on a warrant if one is stopped for any reason.
  • A restriction from foreign travel.

Consequences of a DUI Arrest in another State

The Interstate Driver’s License Compact mandates that states inform each other when an individual is arrested for driving under the influence outside of their home state. The individual’s home state will enforce the DUI penalties and honor the DUI charge.

DUI conviction penalties are subject to variance between states. Penalties may be applied by some states as though the crime had been committed within their borders. Others may decide to penalize you based on the offense that was committed.

Jail Time

First-time DUI offenders can face from probation and community service to a 48-hour jail sentence in many States. Refusing a test could land you in jail for two to four days.

DUI Transferal

The consequences for driving under the influence in one state may be carried over into another. A person’s home state will not issue a replacement driver’s license for a DUI conviction until all associated fines and fees have been paid. When a person is subject to restrictions in one state, those restrictions will follow them back to their home state until they are lifted.

Relocating Out of State Following a DUI Conviction

Probation is a common consequence of a DUI conviction. A person on probation for a DUI conviction may face restrictions on their freedom of movement.

The Interstate Compact for Adult Offender Supervision (ICAOS) is a piece of legislation that specifies the procedures that must be followed when transferring criminals between states. A person on DUI probation may find it difficult to travel freely between states as a result of this legislation. An individual on DUI probation should consult a criminal defense attorney before attempting to relocate to another state.

Legal Disclaimer: TNT Magazine is not a source of legal advice, we have no understanding of US regional or federal law and as such take no responsibility for the validity of any claims made within this text. We strongly recommend seeking your own legal advice from a licenced lawyer.