Arrested for a DUI in a Different State? Here’s What to do!
Posted on Aug 8, 2012 1:15pm PDT
DUI laws vary from state to state. While America has a national 0.08 percent limit on all alcohol-related DUI crimes, many of the other DUI laws are determined by each state government. Some states are allowed to pull over a driver for any suspicion of drunk driving, while other state highway patrols are required to have a legitimate reason to pull over a suspect, such as violation of a different traffic rule. Also, the punishments in each state may vary. Some states will issue license revocation, an ignition interlock device, and jail time for a DUI crime. Other states may be more lenient with their sentencing. All this to say, if you were arrested for driving under the influence in a state other than your residency, you may be confused and worried.
Oftentimes people are arrested for DUIs while vacationing with family and friends, because this is when they will put their guard down and spend more time drinking and partying. In certain states, your DUI record is not erasable. For example, if you are from California and receive a DUI in Wisconsin, then there is a chance that that DUI will remain on your driving record for life. This is because in Wisconsin they do not eliminate past charges. It is also often easier to get a DUI in a different state because you may not know the roads as well. Combining alcoholic impairment with an unfamiliarity of your surroundings may create erratic driving that will signal a police officer.
If you are arrested in a state other than your own, you shouldn’t take any action before you have an attorney on your side. Once you have secured an attorney that can help, he or she can work with you and the two states to determine which punishments you will receive. You can try to lessen your sentences by entering a plea bargain, or eliminate your charges altogether if you are sure that you were not guilty of your crime. Some states may take the DUI more seriously and others, so it is essential that you work through your case and strategize how to lessen your sentences effectively.
Admittedly, chances are that if you are convicted of your DUI you will still have your license revoked, no matter what state you are in. The governments or courts in your two respective states will probably come to a compromise, or adopt one jurisdiction’s rulings and apply them to your sentence. Some people have a lot of people who are travelling between the state lines, so they will already have provisions for people caught in one state that are from another. This is especially true in border jurisdictions. If you are in a state that is distant from your home, then you may want to hire a local attorney in the state you were arrested in. This may be more profitable for you than using a lawyer from your state.
In fact, some states will simply treat you precisely as if you were a resident there. Depending on the jurisdiction you were arrested in, you may be detained, tried, and sentenced as if you lived there. All national rules will apply to your case exactly as if you were in your state. These include the National Driver Registry, which will be responsible for removing and then later reinstating your license. Many states also have differentiations on how to deal with multiple offenses. If you have been arrested for a subsequent DUI, then you should contact a DUI lawyer in the location where you were arrested because you may face harsher charges than you would back home, depending on your state.
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