DUI Policies for Out-of-State Drivers


The Interstate Driver’s License Compact (IDLC) is an interstate agreement in the U.S. that allows for the exchange of information concerning license suspensions and traffic violations of non-residents. Under this agreement, states are able to forward the driving-related information to the home state of the non-resident. Most states (with the exceptions of Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin) belong to the IDLC. For example, if you are a resident of California and get arrested for drunk driving in Nevada, your home state will likely take its own action against your driver’s license due to your out-of-state DUI arrest.

This compact is currently undergoing the process of being replaced by the Drivers License Agreement (DLA), which will impose even stricter regulations on its member-states and on out-of-state offenders. The biggest disparity between the two is that the DLA will eliminate state-wide differences between offenses. Under the IDLC, a state does not have to enforce an out-of-state license suspension or conviction if that state does not have similar laws. However, under the DLA, it would be required to do so.

The State Determines What Happens

Being arrested for a DUI in any state can have a major impact on your driver’s license in your home state. These legislations allow there to be major consequences for both out-of-state and in-state residents. In most cases, the out-of-state driver will have to return to the state where their arrest took place so they can fight the impending charges. If the convicted DUI driver fails to appear in court or for other required hearings, the state can permanently revoke their driving privileges there.

The state where the arrest took place could take it a step further and issue a warrant which will show up on the record in other states. In turn, the driver’s home state would eventually find out about the arrest and suspend that person’s license indefinitely.

Every state uses the standard blood alcohol concentration level established by Congress at or above 0.08% to determine if you are legally drunk. However, punishment for DUIs can differ between states. It is important to note that some states do punish DUIs much more harshly than others. Ultimately, different jurisdictions have the right to punish offenders in the manner they see fit.

What Happens to Out-of-State DUI Drivers in California

California is a major attraction for tourists, and out-of-state drivers often get arrested for DUI here. If you are arrested here for driving with a BAC of 0.08% or higher as an out-of-state driver, the arresting officer will inform you that your driving privileges in California will be suspended in 30 days. The California DMV is then immediately notified of this suspension. The driver will have 10 days from the day of their arrest to challenge the suspension. However, in order to do so, the driver or their DUI attorney must request a California DMV hearing. If this does not happen within the specified timeframe, the right to appeal the suspension will be forfeited, and it will go into effect 30 days following the arrest.

Violating DUI laws can result in serious consequences. However, being an out-of-state driver may garner different questions regarding the specificities of your case. In this context, it would be wise to consult with experienced DUI attorneys like the ones provided by the Law Offices of Taylor and Taylor to help you navigate your case free of ambiguity.

This entry was posted in DUI Facts and tagged , , , , , , , , , , , , . Bookmark the permalink.

Leave a Reply

Your email address will not be published. Required fields are marked *