What Will Happen if I Get a DUI Charge Out of State?

Rispoli & Borneo P.C.

If you were to receive a DUI while driving in your state, it would usually result in a license suspension, a hefty fine, or community service. The severity of your conviction would determine your punishment, so if individuals were killed in a car collision while you driving under the influence, you could even face jail time. However, many individuals are not clear on how to proceed if they receive a DUI citation while out of state and typically wonder if they can just ignore it. The following passage will attempt to give a general overview of what is expected of you after receiving an out of state DUI. Each state has a name and definition for a drunk-driving offense. The three main kinds are:

  • DUI, or driving under the influence
  • DWAI, or driving while ability is impaired.
  • DWI, or driving while intoxicated.

Most states have statutes that give a harsher punishment to a repeat offender than a first time offender. These statutes are put in place to discourage someone from committing the crime twice, if at all. Sometimes an out of state DUI may be enhanced to a more serious level offense, but some requirements need to be met before that can happen. Usually, the offense you are being charged for has to be similar to one you have previously been convicted for. Courts tend to consider the main characteristics of each offense, similarities in level of intent, and both states’ definitions of intoxication or impairment. If the characteristics of the charges are different between the charging state and state of residence, enhancement is possible. Some states have limitations on enhancement of out of state DUIs. Montana laws state that a DUI cannot be enhanced unless no longer than five years have passed since it was given. When seeking a reduction for an out of state DUI, you must be aware of the charging state’s standards. If you do not prove disqualification of out of state conviction, then you cannot do so later on in your case.  

Contact an Attorney

Some states adhere to the Interstate Driver’s License Compact which requires states to share conviction details about driving suspensions and traffic offenses–including DUIs. If one state convicts an out of state driver of a DUI, their resident state will be notified. Now a punishment can be curated by the home state regardless of where it happened. Many people mistakenly think they can avoid DUI consequences if they occur outside their state of residence. If you are unsure whether your state adheres to the Interstate Driver’s License Compact, or even if you must come back to the charging state for a hearing, you should contact a DUI lawyer to help sort out what you can expect after a charge such as the DUI attorney MD locals turn to. A DUI attorney can determine what consequences you face and can help you petition for a lesser punishment. Contact one today for a consultation, most attorneys offer them for free.


Thanks to authors at The Law Offices of Frederick J. Brynn PLC for their insight into Criminal Law.

The legal firm of Rispoli & Borneo, P.C. has successfully represented many DUI cases. Our attorneys are here to help. Contact Rispoli & Borneo, P.C. today for a free initial consultation.