If you’re facing an out of state DUI charge, there’s a good chance that it’s also going to impact your Colorado driver’s license. Many of us here in Colorado have ties to other states. Whether you to visit family or friends, or were at a work conference. Or maybe you simply weren’t familiar with your area at the time and, were pulled over, and are now facing DUI/DWI charges. When this happens out of state, it can get complicated.
What Happens After an Out of State DUI Arrest?
Every state has its own set of procedures for DUI/DWI charges. The arresting officer is probably going to ask you to provide a chemical test just about anywhere. Depending on where you are, you could face additional charges if you refuse.
In most states, your driving privileges (within that state) are going to be temporarily suspended until your case goes to court. This is automatic, and your time to appeal this suspension varies from state to state.
For a short period, this suspension is temporary and only applies to the state where the arrest took place. However, if you fail to request a hearing or show up for a scheduled hearing, that suspension may extend to your home state and be considered final. At this point, you’ll probably need to pay a reinstatement fee and participate in a DUI Safety Program to get your license reinstated.
Handling DUI Criminal Charges Out of State
When you were arrested, the police provided you with a summons that included a court date. This requires that you appear in out of state court. From your first court date, there will be additional deadlines that you’ll have to meet to conclude your case. Failing to meet these deadlines could result in a conviction and harsh penalties, which will vary depending on the severity of your charges and the jurisdiction.
The best course of action is to enlist the services of a qualified DUI attorney before your first court date. There may be some deadlines that they can handle on your behalf, which will save you having to travel multiple times to another state to see a judge. A local attorney also has an intimate understanding of the DUI laws and can increase the chances of getting the DUI charges reduced or dropped.
Possible Penalties for an Out of State DUI
If you are convicted for DUI in another state, this is nearly always reported to your home state. You will need to meet the requirements of the court where the conviction took place, such as paying fines and other fees.
When probation is ordered, this can often be transferred to your home state, although Colorado isn’t required to accept the transfer. Any jail time is generally served in the state where the conviction took place. You might also be required to attend an alcohol program, which you can do at home.
Impact on Your Colorado Driver’s License
If you are convicted for DUI in another state, there is a good chance that this will impact you at home in Colorado. This is because Colorado, 44 other states, and the District of Columbia, are members of the Interstate Driver’s License Compact (IDLC).
This is an interstate agreement to share information about driving violations, including DUI convictions. This means that any driver’s license suspension or revocation will also carry over to Colorado. Non-member states, such as Massachusetts, Georgia, Michigan, Wisconsin, and Tennessee are not going to report this information. So, you might get a DUI in any of these states, have your license suspended there, and it may not affect you in Colorado.
If you get a second DUI in any IDLC-member state, it will be treated as if you received a second DUI in your home state. This is part of the IDLC agreement. No matter where you were arrested, you can also expect your car insurance rates to go up since all suspensions are reported to the National Driver Registry.
If you’ve been arrested for DUI in another state, this isn’t something that you should try to handle on your own. At Anderson & Carnahan, Attorneys at Law, our primary concern is protecting your rights and liberty. To discuss your defense, the impact that this will have on you locally, or get help with coordinating a long-distance legal strategy, give us a call today at (719) 473-9099.