Out of State DUI Issues
Posted By Naegle Law || 9-Jun-2016
You probably know what will happen if you get a DUI in Arizona, but what happens to your license if you get a DUI while you are in another state? You might think that you just won’t go back to that state, so why worry about the DUI arrest? However, ignoring any DUI charge is the worst thing you can do and can cause major issues down the road. The best thing you can do is to consult a DUI attorney who will be able to answer your questions and help you resolve both in state and out of state DUI charges.
How to Handle an Out of State DUI
In almost every state, a DUI arrest triggers two separate events. The first is the license suspension through the out of state DMV, and possibly your home state. The second is the prosecution for DUI through the state’s court system where charges were filed. Your first step when dealing with an out of state DUI is to stay on top of the progress of these events. Call the county or clerk’s office so you can learn when your case is filed and where, or even if, you are required to report to court in person.
Let’s look at an example close to home. In Nevada, first and second offense DUI’s are usually classified as a misdemeanor and you most likely won’t have to appear in court in person. You will need a local lawyer though to make the court appearances, collect evidence, and your defense. If a plea deal bargain is reached, this can be executed by paperwork sent through the mail.
In California, another state near Arizona, things depend on your blood alcohol concentration. If you are arrested driving with a BAC of 0.08% or higher, the arresting officer will give you notice that your privilege to drive in CA will be suspended in 30 days. Once this happens, the California DMV is immediately notified. You will have 10 days from the date of your arrest to challenge that suspension. This is where a qualified, experienced DUI attorney comes in handy, as they will need to request a hearing to challenge this. If you do not request a California DMV hearing within the first ten days following your DUI arrest, you forfeit the right to do so. In that event, the suspension goes into effect 30 days after your arrest.
Consult with a Skilled Mesa DUI Attorney
If you are facing out of state DUI charges, it is imperative you contact Charlie Naegle, a hard-hitting Mesa DUI attorney from Naegle & Crider Criminal Defense Attorneys to protect your future and driving privileges. Having earned an AV® Rating by Martindale-Hubbell® and a 2013 “Top 40 Trial Lawyers Under 40” ranking for criminal defense excellence, Charlie can provide the top-rated advocacy you need to maximize your chances of securing a desirable outcome for your situation.
Call (480) 378-9000 or request a free consultation today to review your legal options.