Guest Blog: What Happens When You Get An Out-of-State DUI?

Map of United States using license platesGuest Blog: What Happens When You Get An Out-of-State DUI?

By Evan M. Levow, Esq., New Jersey DUI/DWI defense attorney at Levow DWI Law

Like its name suggests, an out-of-state DUI is when you get a DUI in a state other than your state of residence. As a result, it is more complicated than other DUIs because you will be facing penalties not just in the state in which the DUI occurred, but also in your state of residence. However, the exact consequences can see significant differences because different states have different rules.

Here is what you can expect when you get an out-of-state DUI:

The process starts when the officer sends a report to the state’s motor vehicle office. Some states will suspend your license at this point in time, while other states will wait until a later part of the process. At this stage, you have a chance to appeal by requesting a hearing, but if you either lose the hearing or fail to request a hearing at all, the suspension of your license will become final.

Generally speaking, a final suspension will be reported to your state of residence, which can result in your license becoming suspended there as well. However, the exact consequences are different from state to state, which is why you should use the state-by-state DUI penalties tool to check up on your state. If you want to get your license back after that becomes an option again, chances are that you will have to attend a DUI school as well as pay a reinstatement fee in the states in which your license was suspended.

Be warned that this process is going to come with a summons for your appearance in court, where you will be expected to enter either a guilty or a not guilty plea. Make sure to show up, and furthermore, make sure to have a DUI attorney on your side since legal expertise and experience can mean a great deal of difference when it comes to the outcome. Naturally, if you are convicted in the state in which the DUI occurred, you can expect that to be reported to your state of residence, which will come with further consequences.

You should make sure to take the suspension of your license seriously because it can wreak serious havoc with your life. For example, if your license is suspended in a state other than your state of residence, you are not going to be able to renew your license in your state of residence even if the incident was never reported to its motor vehicle office. That information will be available on the National Driver Registry. As a result, you need to deal with the aftermath of your out-of-state DUI if you want to get things back to the way that they were before the whole incident.

Seeking Legal Help

It is highly advisable to seek legal help when faced with a DUI charge because sometimes these charges can be overturned in court. There are several reasons why a charge can be overturned. Some of those reasons include the accuracy of a breath test, how the field sobriety test was administered, and even how the arrest took place. Being in a different state does not mean you forfeit your rights to legal representation.


If you or someone you know has been convicted of an out-of-state DUI, call Breathe Easy Insurance today to obtain your SR22. We can file it instantly with the DMV and help you get back on the road. Call 866.822.7755 today!