06.22.2018

Attorney Miller Leonard has practiced law for nearly 20 years. He is a former State Prosecutor, Federal Prosecutor, Special Prosecutor, and Public Defender

how to handle out of state DUIIf you’re traveling to another state for vacation or an event, there is a chance that the trip will involve the consumption of alcohol.

While there’s nothing wrong with having a drink or two, getting behind the wheel of a car when intoxicated is against the law in all states in the nation.

While being charged with driving under the influence (DUI) can be an upsetting experience in your own state, the charges may be even more overwhelming and confusing if you’re traveling out of state.

Here’s a look at how a DUI case is handled when it happens in a state other than the one in which you live. For information that is specific to your case, call an experienced DUI lawyer.

Out-of-State DUIs and the Interstate Driver License Compact

Many drivers who face traffic violations while out of state think that they won’t face any real consequences, so long as they refrain from driving in that state in the future.

But this is not the case; while it is true that another state does not have the authority to suspend a license issued by a different state, the state can and likely will share the details of your DUI (or other offense) with your state via the interstate Driver License Compact, in which nearly all states participate. Per the compact, states share information with one another when traffic offenses are committed involving drivers from other states.

When a state that is part of the compact receives information on one of its residents about a DUI crime that has been committed in a different state, the home state will typically treat the offense as though it occurred within the home state.

As such, if you are charged and convicted with a DUI in South Carolina but live in North Carolina, South Carolina will likely share this information with North Carolina, and North Carolina may sanction your license under the rules in North Carolina.

Will I Be Extradited to the Other State?

If you are arrested for a DUI in another state but return home to Raleigh, the state where you were arrested will likely request your attendance at a hearing. If you fail to respond to your DUI charges, the state will likely contact North Carolina, which may then suspend your license. While it is rare for a person to be extradited to another state for prosecution after a DUI misdemeanor offense, it is possible.

Securing Legal Counsel after a DUI Offense

If you are facing DUI charges in North Carolina, working with a Raleigh DUI lawyer is a must.

If you are being prosecuted in another state, hiring a local attorney in that state who understands the charges against you is highly recommended.

Representing yourself when charged with a crime is never a good idea, regardless of the details of your case. Call an attorney for a free consultation as soon as possible following a DUI arrest.

About Miller Leonard, PC

Miller Leonard is a Colorado criminal defense attorney experienced in a wide range of cases.

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