What Happens If You Get a DUI in Another State?

Getting charged with driving under the influence is always stressful – but getting arrested for DUI out-of-state can be even more daunting. Suddenly, you’re facing criminal charges and administrative penalties in an unfamiliar jurisdiction, often many miles from home.

While the process may seem overwhelming, understanding what to expect can help you make informed decisions and minimize the fallout. If you were arrested for DUI outside your home state, here’s what you need to know.

Out-of-State DUIs Trigger Both Administrative and Criminal Cases

When you’re arrested for drunk driving in another state, you actually face two separate legal proceedings:

1. An administrative license suspension through that state’s Department of Motor Vehicles (DMV)
2. Criminal charges for DUI (sometimes called DWI or OUI) in that state’s courts

The DMV suspension process is a civil matter focused solely on your privilege to drive, while the court process aims to determine your guilt and impose criminal penalties. These two cases occur independently from one another.

The Arresting State Will Likely Suspend Your License

After an out-of-state DUI arrest, the state where you were pulled over will typically move to suspend your right to drive within its borders, even if you’re just visiting. This administrative suspension takes effect regardless of whether you’re ultimately convicted in court.

To challenge the suspension, you’ll need to request a DMV hearing shortly after your arrest (usually within a matter of days). If you don’t request a hearing – or you do but fail to attend – the suspension will kick in automatically.

License suspension lengths vary by state. For example, a first-offense suspension might last 90 days in one state but 6 months or even a year in another. And if you have any prior DUIs on your record, you can expect a longer revocation period.

If your driving privileges are suspended in the arresting state, you cannot legally operate a vehicle there for any reason. Driving on a suspended license often leads to additional criminal charges and stiffer penalties.

You’ll Face DUI Charges in the Arresting State

On the criminal side, the state where the alleged drunk driving occurred has jurisdiction to prosecute you under its particular DUI laws. Depending on the circumstances, you could be charged with:

• Driving with a blood alcohol concentration (BAC) over the legal limit (usually .08%)
• Driving while under the influence of drugs or alcohol

Most states allow drivers facing misdemeanor out-of-state DUI charges to have their lawyer appear on their behalf, so you may not need to return for every court date. For felony DUIs involving serious injuries or fatalities, however, you’ll likely need to appear in person.

Potential penalties for an out-of-state DUI conviction might include:

• Jail time
• Hefty fines and court fees
• Probation
• Community service
• DUI school or substance abuse treatment
• Installation of an ignition interlock device (IID)

Factors like your criminal history, past DUI convictions, and aggravating circumstances (like having a child in the car or causing an accident) can elevate these consequences considerably.

Your Home State Will Find Out About the DUI

If you’re licensed in one of the 45 states that participate in the Interstate Driver’s License Compact (IDLC), the arresting state will report your DUI charges to your home state DMV.

Your home state will then treat the offense as if it happened there. So, even if you complete your suspension period and any other penalties in the arresting state, you may face additional license-related repercussions under your own state’s laws.

For example, if your home state mandates an automatic 1-year suspension for a 2nd DUI but the arresting state only imposed a 6-month revocation, you’ll still be unable to drive at home for the full year. These suspensions can stack on top of any existing revocation from the arresting state.

What’s more, your home state will add the conviction to your driving record, which can lead to skyrocketing insurance rates, employment issues, and other collateral consequences that follow you long after the case ends.

How to Handle an Out-of-State DUI Charge

Getting arrested for DUI far from home can feel isolating and intimidating – but you don’t have to handle it alone. Your first step should be consulting an experienced DUI defense lawyer in the state where you were arrested.

Look for an attorney who focuses their practice on drunk driving defense and is deeply familiar with the nuances of that state’s DUI laws, courts, and DMV hearing process. They can protect your rights, identify weaknesses in the prosecution’s case, and fight for the best possible outcome.

A skilled DUI lawyer can often appear in court on your behalf (if you’re charged with a misdemeanor) so you don’t have to keep traveling back to the arresting state. They’ll also communicate with the prosecutor and DMV to explore alternatives like reduced charges, diversion programs, or limited driving privileges that may let you get back behind the wheel sooner.

How Okoye Law Can Help with Your South Carolina DUI

If you live outside of South Carolina but were charged with drunk driving within our state, you need a skilled criminal defense attorney who knows how to handle these cases. The DUI defense team at Okoye Law is here to help South Carolina DUI cases, regardless of where you reside.

For South Carolina DUI charges, we will:

• Identify weaknesses in the prosecution’s case
• Protect your constitutional rights
• Negotiate for reduced charges or alternative sentencing where appropriate
• Advocate fiercely for you in court and at the DMV

In most misdemeanor cases, we can handle the majority of your legal proceedings while minimizing your travel back to South Carolina. Our goal is to resolve your South Carolina DUI with the least possible impact on your life.

Get Started with a Consultation

A DUI arrest is stressful- but with the right legal guidance, you can get through this. The defense lawyers at Okoye Law are ready to fight for you.

Take the first step now by contacting us for a case review. We’ll discuss your situation in detail, explain your options, and start building your defense strategy right away. Contact us today to get started.

Please note: We only handle DUI cases that occur within South Carolina. If you were charged with a DUI in another state, please consult with an attorney licensed in that jurisdiction.