QUESTION
What happens if you get an out of state DWI?
Asked on Jun 20th, 2011 on Criminal Law - Michigan
More details to this question:
My child was charged with a DWI out of state. We hired a lawyer there, but did not know if there anything that we need to do in state, where we are from.
16 ANSWERS
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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He/she should do whatever it takes to avoid a suspension in that state. If the license is suspended there it will also cause a suspension here. There is no duty to disclose but it here but it probably will be counted as a prior in Cal. and if there is another conviction within 10 years the penalties are increased.
Answered on Jun 27th, 2011 at 2:12 PM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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It is best to hire an attorney who practices in the state in which your son is facing DWI charges. You may want to consider consulting with a local attorney but for the most part the aspects of your son's case and penalties will all be handled in the state in which he was arrested and charged.
Answered on Jun 24th, 2011 at 12:38 PM
William Guy Pontrello
in Florida all DUI, DWIs count on your record from any state or country. they are used to enhance the punishment here.
Answered on Jun 22nd, 2011 at 1:46 PM
Steven C. Bullock
You need not do anything locally, but rest assured the arrest will in all likelihood show up on his driving record.
Answered on Jun 22nd, 2011 at 10:04 AM
Michael J. Breczinski
The other State will report the conviction to your State and your State will probably suspend his license because of it.
Answered on Jun 22nd, 2011 at 10:00 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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In most states, an out-of-state conviction will be sent to your state of licensing.
Answered on Jun 22nd, 2011 at 9:09 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Every state honors the court orders and DMV orders of every other state. A DUI conviction there counts as a prior in every state. He will have to comply with that courts orders and sentencing there. If he gets a suspension there, it applies here.
Answered on Jun 22nd, 2011 at 9:03 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No. Your child is not facing direct consequences in this State from an out-of-state DWI. Not unless there's a conviction and then your child is arrested on a new charge here.
Answered on Jun 22nd, 2011 at 8:44 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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No, you do not need to do anything in the state you are from, if the DWI was in another state.
Answered on Jun 21st, 2011 at 2:48 PM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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There is nothing that needs to be done in California for an out of state DUI. However, California normally honors the out of states position regarding the status of the license. In other words, if the license is suspended out of state, it will be suspended for that period of time her in California.
Answered on Jun 21st, 2011 at 2:35 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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It depends if states are part of compact for reciprocity. If you home state has not taken any action do nothing. If home state has sent notice you should contact a dwi mv lawyer in home state so they can best advise you.
Answered on Jun 21st, 2011 at 1:09 PM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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There may be some licensing issues in your home state (depending on which two states are involved). Other than that, the DUI will be dealt with in the state where it occurred.
Answered on Jun 21st, 2011 at 12:17 PM
If there is an out of state conviction for OWI, it will be reported to the state in which you have a driver's license. Your state can impose penalties as allowed by law through the secretary of state. In other words, an out of state conviction for OWI, once reported to the Michigan Secretary of State, can result in a suspension, by the Secretary of State, of your Michigan driving privileges.
Answered on Jun 21st, 2011 at 11:00 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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The case will be handled in the state that he received the DUI. So you did the right thing if you hired an experienced DUI attorney who is licensed in that state and familiar with those courts.
Answered on Jun 21st, 2011 at 10:06 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Probably not at this time. However, be aware of the status of his license in the other state. Most, if not all, states have reciprocal driver's license suspension laws so if his privilege to drive gets suspended in the other state, then they will notify the home state and the home state will honor the suspension.
Answered on Jun 21st, 2011 at 9:02 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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All court proceedings will be held and conducted in that state. If placed on probation, they could transfer the probation to his home state or possibly have him report via phone or mail from his home state. It would be up to the DUI state to transfer any information about any conviction to the DMV of the home state.
Answered on Jun 21st, 2011 at 9:02 AM