What happens if you get a DUI out of state?
When you've been charged with DUI (Driving Under the Influence) offense in a state other than where you own your driver's license, the consequences can differ according to the laws of both states and the circumstances of your case. Mostly, here's what you can expect:
Generally speaking, if you are convicted of DUI in another state, the conviction will be conveyed to your home state's Department of Motor Vehicles (DMV). As a result of this, you might face the same or comparable penalties as if you had been condemned for DUI in your home state. Hope you're clear now. It can include fines, license suspension or revocation, mandatory DUI education or treatment programs, and even jail time.
In addition to the legal penalties, there may also be practical and logistical issues to notice.
If your active driver's license is suspended or revoked in another state, you can drive in your home state once your license is reinstated. However, this process makes getting the work, school, or other important activities more difficult. Simultaneously, you may also find intent to appear in court in the state where you were arrested, which can be troublesome and expensive.
Note: Since each state has its laws & penalties for DUI, the penalties of a DUI conviction in one state may be much more severe or less severe than in another state. Moreover, some states might have agreements with other states that permit them to share evidence about DUI convictions, which shows that even if you are convicted of DUI in another state, it could still influence your driving privileges & criminal record in your home state.
When you have been arrested for DUI in another state, make sure to contact a well-experienced DUI attorney immediately to understand your legal rights and options. An experienced DUI lawyer can ultimately support you & navigate the legal system in the state where you were arrested and work to lessen the consequences of a DUI conviction.
What steps will be taken after the DUI Conviction out of state?
Arrest and booking: When you're pulled over and suspected of DUI, you will be arrested and hand-over to the local police station or jail for dealing out. The arresting officer may confiscate your driver's license & issue a temporary permit that is typically valid for a restricted period (approximately 30 days).
Other Criminal proceedings: You may be insisted to attend court hearings in the state where you were arrested. The DUI charge might be handled as per the laws of that state, and you need to face the termed penalties like fines, jail time, community service, and mandatory alcohol education or treatment programs.
License suspension: In particular, the state where you've been arrested may suspend or revoke your driver's license. According to the state, you may receive a hardship license or an ignition interlock device that lets you drive to work, school, or other essential activities.
Out-of-state consequences: Your home state might even have the chance to take action against your driver's license regarding the out-of-state DUI conviction. Most states have reciprocal agreements that necessitate them to honor DUI convictions from other states, and they may execute their own penalties, including license suspension, fines, & alcohol treatment programs.
Finally, in the case of DUI out of state can have effective consequences, such as
- Legal Penalties
- License suspension or revocation
- Higher insurance rates.
What should be done? Immediately seek legal counsel from an experienced DUI attorney in the state where you've been arrested/caught and your home state to recognize your options and chance to minimize the impact of charges.
How can a prosecutor drop DUI charges?
Typically, the decision to drop DUI charges against a defendant can be made by the prosecutor who handles the case for various factors. Here are those factors that could lead a prosecutor to drop DUI charges, including
- Problems with the arrest: If the arrest was accomplished without any probable cause, or if there were any issues related to the administration of the field sobriety tests or Breathalyzer test, the prosecutor might be less confident in the strength of the case and may consider dropping the charges.
- Insufficient evidence: When the defendant side is weak or insufficient to demonstrate the charges beyond a sensible doubt, the prosecutor may have a higher chance to drop the charges rather than risk losing the case at trial.
- Considering Mitigating circumstances: When the defendant has no prior criminal record and has taken steps to address any underlying substance abuse issues, the prosecutor may have the chance to negotiate a plea bargain to a lesser charge or drop the charges altogether.
- Court congestion: If the court is experiencing a high volume of cases and the prosecutor believes that the case is comparatively minor, they may select to drop the charges to rank other cases.
Hence, the decision to drop DUI charges is up to the prosecutor who holds the case and will depend on the various circumstances of the case. In certain cases, the prosecutor may elect to drop the charges outright, while in other cases, they may provide a defendant a plea bargain to a lesser charge in exchange for a guilty plea. Eventually, it's quite noteworthy to ensure that even if the charges are dropped, the defendant may happen to face some administrative penalties, such as license suspension, directly from the Department of Motor Vehicles.