Out-of-State Drivers
Motorists arrested for DUI / DWI who have driver’s licenses issued in a state other than the one in which they were arrested face unique issues that may complicate their cases. An experienced DUI / DWI attorney from www.NotDrunk.com will defense will work hard to protect the accused motorist’s rights and driving privileges.
In many states, a drunk driving arrest triggers two separate cases – in court, and at the state motor vehicle department. Even though the driver is licensed in another state, the DMV in the state where the arrest occurred may begin the process of suspending the individual’s driving privileges within that state. The driver’s home state may also take action if it learns about a DUI / DWI arrest.
If the state where the arrest took place takes administrative action against drivers accused of DUI / DWI, it’s critical to request a hearing with the motor vehicle division as soon as possible, regardless of where the driver is licensed. If the driver doesn’t request a hearing, he or she may lose the right to drive both in the state where the arrest occurred and the state that issued the driver’s license.
Whether the state where the driver is licensed is part of the Interstate Driver’s License Compact (IDLC) will determine how the arrest affects the license. The IDLC is an agreement among 45 states to communicate information about driving-related crimes, including drunk driving. Only Georgia, Wisconsin, Tennessee, Massachusetts, and Michigan do not participate in the IDLC. All other states have agreed to notify the others of a DUI / DWI conviction.
A driver’s license belongs to the state that issues it. When a motorist is arrested for drunk driving in his or her licensing state, the arresting officer typically takes the license and issue a temporary document that holds off an automatic license suspension a certain number of days.
If the motorist is licensed in another state, police cannot seize the driver’s license. The arresting officer will issue the same temporary license, and a summary suspension of the motorist’s driving privilege within the state where the arrest took place will begin within a certain number of days.
Many drivers arrested for DUI / DWI who are licensed in another state think the arrest can’t threaten their driving privileges, but that’s unfortunately not true. However, a criminal defense lawyer from www.NotDrunk.com who has experience fighting drinking and driving cases will effectively defend the motorist both in court and at the motor vehicle department, and work to minimize the consequences for out-of-state drivers.