Getting arrested for a DUI at any point can be upsetting. When, however, you get arrested in a state you don’t live in, the thought of dealing with an out-of-state criminal case can be as distressing as it may be scary or overwhelming.
To help assuage some of these anxieties, below are some of the most important facts to be aware of when it comes to out-of-state DUI cases.
What You Should Know about Out-of-State DUIs
The vast majority of states WILL share DUI arrest information with each other – This is because 46 states in the U.S. have adopted the Interstate Driver’s License Compact (IDLC), which is an agreement between member states to communicate info about motorists’ traffic infractions and driver’s license suspensions with each other. Operating under the theme One Driver, One License, One Record, IDLC member states generally agree to treat an infraction committed by its residents in other states as though that infraction were committed in the home state.
The four states that are not members of the IDLC (as of October 2015) include Michigan, Georgia, Tennessee and Wisconsin.
- The criminal case will generally have to be resolved in the state where the DUI was incurred – In other words, the state in which the arrest occurred will be the state where the criminal case proceeds and is adjudicated. This can mean that the person from out of state has to return to the state where (s)he got the DUI for an arraignment and all other future court dates (unless, of course, that person retains a local attorney to represent him or her in the case).
- The home state’s laws will dictate how DUI penalties are to be imposed – If the out-of-state DUI case ends in a conviction, this will be communicated to the home state, where the applicable penalties can be imposed. Here, it should be noted that, if the home state does not have the same types of charges on the books (which can occur, for instance, when a home state may only have misdemeanor DUI charges available while the other state had charged the accused with felony DUI charges), the home state will have the discretion to apply its laws as appropriate.
The Bottom Line
So, the bottom line is that:
- If you are visiting Colorado and are arrested for a DUI here, you need to contact a local attorney ASAP, especially if you have been issued a court date and you may not be able to make it back to the state to appear in court.
- If you are a Coloradan who is arrested for a DUI in another state, you should also contact a local attorney ASAP, as a local lawyer can coordinate with trusted colleagues out of state to ensure you have a strong defense in that state and to coordinate any of the case outcomes you may need to be prepared to deal with.
Contact a Colorado Springs DUI Lawyer at Kohn Law Firm
For the strongest defense against Colorado DUI charges, contact an experienced Colorado Springs DUI lawyer at Kohn Law Firm today.
Call our firm at (719) 328-9555 or email us using the contact form at the top of this page to learn more about how we can help you. From our offices in Colorado Springs, we represent clients throughout the Pikes Peak region and Colorado.