States That Don't Count Out-of-State DUIs

Most states share DUI conviction records with other states. Even if you move to another state, your previous DUI may still count as a prior offense. However, some states don’t share DUI conviction records with other states. In other states, the specific charges may determine whether your DUI counts.

Every state has different DUI laws. Unfortunately, moving to a new state can make a drunk driving conviction difficult to resolve. Out-of-state DUIs may require you to deal with the DUI in the state where you were arrested and the state where you live. To find out how another state will treat a DUI, contact an experienced criminal defense lawyer after a DUI arrest.

Which States Don’t Count Out-of-State DUIs?

All but five states are part of the Interstate Driver’s License Compact (DLC). Participating states share information about criminal convictions, including driving under the influence (DUI). These states share driver safety information, including information about:

• Certain traffic violations
• Reckless driving
• Drunk driving
• Leaving the scene of an accident
• Vehicular manslaughter

Some states also share information on driving violations with Canadian provinces. The five states that aren’t part of the driver’s license compact include:

• Georgia
• Massachusetts
• Michigan
• Tennessee
• Wisconsin

What Is the Non-Resident Violator Compact?

Most states are also part of the Non-Resident Violator Compact (NRVC). The NRVC is another way states share driving information. However, the NRVC is for traffic violations and infractions. If you have a moving violation in another state, your home state can suspend your driving privileges until you take care of the violation. States that aren’t party to the NRVC include:

• Alaska
• California
• Michigan
• Montana
• Oregon
• Wisconsin

How Do Other States Find Out About a License Suspension or DUI Charge?

All states are part of the National Driver Register (NDR), a national database of drivers with suspended or revoked licenses. Member states can search the NDR for a driver’s record. It will show serious traffic violation convictions for driving under the influence of drugs or alcohol.

The Department of Motor Vehicles (DMV) will check your driving record on the register when you apply for a new license. The DMV will investigate your driving record if another state reports you as a problem driver. The new state may deny your driver’s license application. These records can also stop out-of-state drivers from having more than one driver’s license at a time.

Can You Avoid DUI Consequences by Going to a Different State?

Some state laws treat a drunk driving conviction more seriously than other states. This includes harsher penalties and longer license suspensions. These DUI consequences will follow you even after you move to a new state.

Generally, you have to complete DUI penalties and probation terms in the state where you got the DUI or DWI. If you try to get a new driver’s license without clearing up the prior DUI case, the new state can deny your application.

What Are the Penalties for Getting Another DUI?

The penalties for another DUI can depend on whether prior offenses are included. States have different lookback periods for prior DUIs. For example, Illinois has a lifetime lookback period. It will count any prior DUIs for multiple DUI charges. Florida has a five-year lookback period. It will only count DUIs that happened in the past five years.

States will generally count an out-of-state DUI as a prior offense. But it may depend on the specific criminal offense. Some states count an out-of-state DUI if it has the same offense elements as the new state statute. Your DUI defense attorney can explain the offense elements and whether it will count as an out-of-state DUI.

States also treat repeat DUIs differently. For example, a second DUI can be a felony in New York or Oklahoma. In California, a 4th DUI is a felony. If you get two DUIs in New York, you could be a felon, but this would only be a misdemeanor in California. States like New Jersey have no felony repeat DUI laws.

Should I Tell My Insurance Company About an Out-of-State DUI?

You may not want to tell your insurance company about an out-of-state DUI offense. But not telling your insurance provider can cause problems. If you fail to disclose a DUI, your insurance company could deny your claim after an accident.

The insurance company will likely learn about a suspended license or DUI in another state. It will search your driving record in other states, and it can see prior vehicle violations.

What Happens When You Get a DUI in Another State?

Out-of-state DUIs are not uncommon. You may get arrested for drunk driving while on a road trip, vacation, or work trip. This can be disruptive—you’ll deal with a criminal charge in another state. You may have to make a separate trip to another state just for your court date. However, a lawyer in another state can represent you. So, you don’t have to travel just for a DUI hearing.

How Can a DUI Lawyer Help?

Don’t ignore a DUI in another state. It will remain on your record until you take care of the charges—even if you move away. Ignoring the DUI could lead to a warrant for your arrest. If you have a suspended license in another state, a new state can deny your privileges until you clear up the prior driver’s license suspension.

A DUI lawyer can review your case and explain your options. Your lawyer can negotiate for reduced charges or to avoid a DUI conviction with probation. Your lawyer can also challenge the license suspension so that you can keep your license. Contact a DUI defense attorney for legal advice after a DUI arrest.