Out of State DUI?

By Criminal Defense Attorney Mark J. Babb

Many clients have asked us about the consequences of getting an out-of-state DUI.  The exact answer is different for every situation, but it generally relates to something called the interstate compact.  The interstate compact is a system put in place where states communicate driving infractions and other driver’s license information to each other.  Generally, states honor suspensions, forfeitures, and other traffic consequences from other states.  If you are convicted of an out of state DUI, the penalties in the state where the conviction took place are generally limited to that state.  However, if your state is a member of the interstate compact agreement, the convicting state forwards the information to your home state which may or may not choose to take punitive action.

For example if have an Ohio driver’s license and you are convicted of a DUI in West Virginia, the State of West Virginia will suspend your privilege to drive in the state of West Virginia.  Theoretically, at least, that information will be passed on to the state of Ohio who will then put a suspension on your license for receiving an out of state DUI driver’s license suspension.

The interstate compact is a notoriously flawed system and it often occurs that a state does not communicate information to the home state at all, or there is a tremendous delay in relaying the information to the home state.

The consequences of getting an out of state conviction for DUI vary from state to state.  If you have any specific questions about how the Interstate Compact Act may apply in your case, you may want to contact a DUI/DMV specialist in your state.

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