What Happens When You Get a DUI in Another State?

Going out of state for business or pleasure often means driving. In a different state, you probably aren’t driving as carefully as you normally would. If you’re on vacation, you may occasionally partake of adult beverages. The combination can lead to an out-of-state DUI.

Depending on where you get this DUI, your home state may not learn about it. But don’t count on it. Almost all states share DUI arrests and other information as soon as they occur. A DUI charge in Oregon can mean losing your license in your home state of Maryland. You may have heard that some states “don’t count” out-of-state DUIs, but this has very limited application for most drivers.

How do states share DUI information? What does it mean for drivers who get DUI charges in other states? In this article, we’ll answer these questions and explain what happens when you get a DUI outside of your home state, or if you move to a new state with a DUI on your record.

If you face a DUI outside of your home state, it’s a good idea to speak with a DUI lawyer in the other state where the arrest happened. They will understand the specific laws that apply to your case and can guide you through the process.

How States Share DUI Information

In 1950, a number of western states enacted the Interstate Driver License Compact (IDLC) to coordinate traffic safety laws and ensure all interstate drivers comply with their states’ laws. The IDLC tracks drivers’ traffic violations and DUI offenses even if drivers move to different states.

The Driver License Compact operates on the principle of “One Driver, One License, One Record.” This means that if you get a speeding ticket in another state, it could contribute to points on your driving record in your home state if they are both part of the compact. The compact applies to minor offenses like speeding and more serious ones like a DUI. However, non-moving violations like a parking ticket or illegal window tint are typically not included.

When someone gets a DUI in another state, the arresting state informs their home state’s Department of Motor Vehicles (DMV). Depending on the home state’s DUI laws, the DMV can immediately suspend the driver’s license and impose other penalties or wait for a conviction, if any.

Nearly all states and Washington, D.C., participate in the compact. But a handful of states do not.

Other Interstate Drivers Compacts

The Non-Resident Violator Compact resembles the IDLC but only tracks moving violations. The NRVC ensures that non-resident drivers receive the same due process rights as resident drivers. It also ensures that drivers who break the law in one state cannot escape justice by returning home.

The National Driver Register, maintained by the National Highway Traffic Safety Administration (NHTSA), tracks all individuals with revoked or suspended driving privileges. If a law enforcement agency runs an NDR check on a driver, it gives them access to the driver’s state driving record.

States That Are Not Part of the IDLC

Membership in the IDLC is voluntary. Georgia, Michigan, and Wisconsin do not share DUI information with other states.

But this does not mean that drivers face no consequences for an out-of-state DUI charge. The arresting state can still suspend your driving privileges in that state. This is in addition to any criminal penalties and other charges you may face. They may also still report your DUI case through other channels.

All states use the NDR to check for revoked or suspended licenses and other major violations.

Other Considerations for Out-of-State DUIs

When you receive an out-of-state DUI, you get a court date for your hearing. You may need to appear or waive appearance through a DUI lawyer in the arresting state. A DUI conviction that includes other criminal charges like fleeing, hit and run, or that results in jail time will appear on the NDR.

Even if your home state never learns of the DUI arrest, your insurance company probably will. Many policies contain clauses that will not cover damages incurred while driving under the influence, and you may see your rates increase after a DUI arrest.

What Does “Not Counting” Really Mean?

Reporting or not reporting an out-of-state DUI conviction becomes important after the first offense. Although drunk driving is a serious offense in all 50 states, a first-time DUI generally receives the most lenient treatment. After the second offense, courts tend to take a harsher view. Penalties for a second or subsequent DUI offense depend on what the state considers a “prior DUI.”

State laws differ on whether an out-of-state DUI qualifies as a “prior DUI.” States have different lookback periods for counting out-of-state offenses. Illinois will look at any DUI in a driver’s entire record. Other states have five-year lookback periods.

States also differ about the DUI penalties after the first offense. For instance, in New York, a second DUI within 10 years is a felony, while in California, it is still a misdemeanor. If you had two DUIs in New York, California might treat a third DUI as a felony, rather than a first-time misdemeanor offense.

What Happens if I Move With a DUI on My Driving Record?

Even in a non-IDLC state, if you lost your license due to DUI arrests, you won’t be able to get a new license in another state without clearing it up. After the state DMV suspends your license following a conviction, your name appears on the National Driver Register.

For instance, if you had a DUI license suspension in Georgia (a non-IDLC state) and moved to Florida (an IDLC state), Florida’s DMV would not grant you a new license until you got the driver’s license suspension lifted in Georgia.

If you plan to move out of state, you should contact your home DMV and request your complete driving record. Make sure you clear all moving violations and suspensions before requesting a new license in your new home state.

Commercial Driver’s Licenses and Out-of-State DUI

Commercial driver’s license (CDL) holders must follow federal regulations. When driving a commercial vehicle, the legal blood alcohol content (BAC) limit for commercial drivers is 0.04% (compared to 0.08% for other drivers). CDL holders can also face serious employment consequences if they get a DUI while driving their personal vehicle.

All states must report any traffic violation involving CDL holders to the NDR and the Commercial Driver’s License Information System (CDLIS). The CDLIS is a federal registry, and states may not opt out.

CDL holders can lose their licenses after a DUI arrest. Drivers must notify their employers within 30 days of an arrest, even if they were driving their personal vehicle. Out-of-state drivers who are CDL holders have more to lose than ordinary drivers, since they are subject to federal reporting requirements that are stricter than the state compacts.

Get Legal Advice from a DUI Criminal Defense Lawyer

No matter what state you’re in, a DUI conviction can have serious penalties. You can expect multiple court appearances, fines, and even jail time. If you’re from a different state, you need legal advice from the state where you were arrested.

Contact a DUI defense attorney as soon as you can after an arrest to have a legal advocate every step of the way. If you need help getting your license reinstated following a conviction in another state, an attorney in your home state can walk you through the process.