Drivers arrested for DUI / DWI who are licensed in other states face specific issues due to the Interstate Driver’s License Compact (IDLC). The IDLC is an agreement among 45 U.S. states to share information about driving-related crimes. An experienced DUI / DWI defense lawyer from www.NotDrunk.com can advise whether the driver’s privileges in his or her home state may be impacted.

Only five states – Tennessee, Georgia, Wisconsin, Massachusetts, and Michigan – are not parties to the IDLC. All other states have agreed to notify the others about driving-related crimes. Because of the IDLC, a driver arrested for DUI / DWI in another state may face a suspended license and/or a fine in the state that issued the driver’s license.

In many states, drunk driving arrests trigger two separate cases – in court, and at the state department of motor vehicles. Many states will begin the process of automatically suspending a driver’s license immediately after being notified of the arrest through the IDLC. Because of this, it’s imperative to contact a qualified DUI / DWI attorney immediately in order to protect driving privileges both at home and in the state where the arrest took place.

Whether the state where the arrest took place has an administrative suspension process, and whether the driver’s home state recognizes and acts upon administrative suspensions from other states, will determine the status of the driver’s license. Some states are completely reciprocal, meaning that if the arresting state suspends a license for four months, the licensing state will do the same. 

Some states will take action only after being notified of a DUI / DWI court conviction, not merely an arrest.  Some states that require a court conviction will only take action if the burden of obtaining a criminal conviction in the other state is equal to the home state. Some states may add additional penalties, and some will impose fewer consequences than the state where the arrest occurred.

However, despite the IDLC’s intent to keep states informed about driving-related crimes, communication remains unreliable. If the state where the arrest occurs never notifies the licensing state about the driver’s loss of privilege, no action will be taken.  If the driver’s home state takes no action to rescind privileges, the driver still holds a valid license, and can continue to drive legally in every state except the one where the arrest occurred.