Out of State DUI
When You Are Arrested for DUI in Another State
It goes without saying, but every state in the United States has a law prohibiting a person from driving while they are under the influence (DUI) of alcohol and/or drugs. Moreover, being a resident of one state does not prevent you from being arrested and charged with DUI with any other state you are visiting or through which you are traveling. While the DUI laws of the state in which you are arrested may be similar to those of New York, there are important considerations to keep in mind.
You Must Resolve Your Out of State DUI Charges in the State in Which You are Ticketed and/or Arrested
Suppose that you live in Long Island and while traveling to visit family in Pennsylvania you are arrested and charged with DUI. Even though your contact with Pennsylvania was brief, you must answer your DUI charges in Pennsylvania. You will not be able to have your case moved to New York just because it is more convenient for you. This may impact how you ultimately decide to handle your case (i.e., whether you will seek a plea agreement or other out-of-court resolution to your case or whether you will fight your charges at trial).
A Long Island DUI Attorney May Not Be Able to Assist You with Your Case
Just because the DUI laws of the various states are similar does not mean that a Long Island DUI attorney can help you resolve your DUI charges from another state. A New York lawyer who advises clients with criminal charges in another state or who shows up in that other state without first being admitted to practice law in that state could face professional disciplinary complaints and/or criminal charges him- or herself. You will instead need to retain an attorney who is licensed to practice in that other state if you wished to have legal representation.
Your Out-of-State DUI Conviction May Still Cause In-State Problems
Despite all this, a conviction for DUI in another state may cause trouble for you in your home state in two significant ways. First, the driver control bureaus of the various states will typically communicate with one another regarding drivers of one state who obtain convictions in a new state. The driver’s home state may then take administrative action against the driver’s license even though the conviction did not happen in the driver’s home state.
Secondly, many states will increase the penalties imposed upon DUI drivers if they have prior convictions for DUI. For purposes of enhancing a sentence in such a manner, states do not usually care the state in which the driver was convicted. Thus, you may face increased penalties if you have two prior DUI convictions from another state and you are arrested for DUI in your home state.
Need Assistance with Your New York DUI Charges?
Whether you call New York home or are just traveling through, if you are arrested and charged with DUI the knowledgeable and tenacious Long Island DUI defense attorneys at 888-DUI-LAWYER wants to help you. Call or contact us online to discuss your New York DUI charges with us today.