How Will An Out-Of-State DUI Affect Me In Utah?
The way a person who has an out-of-state DUI can possibly be affected in the state of Utah is two-fold, First of all, there can be driver’s license sanctions, since Utah is part of an interstate compact among driver’s license agencies throughout the country, so they all talk to each other and honor each other’s license suspension. If the state in which they received the DUI suspended their license, that information will be transmitted to Utah Driver’s License Division and their Utah driving privilege can also be suspended. It’s important to contact an attorney here in Utah to make sure of the potential consequences with regard to driver’s sanctions.
Another thing that can affect them is probation; if they are on supervised probation through a court in another state, they have to follow those terms while living here in Utah. Among the terms might include no consumption of alcohol or any non-prescribed drugs or to not frequent bars or other places where the primary purpose is the serving of alcohol. They may also have the requirement of an ignition interlock device, and I believe that requirement will transfer here to the state of Utah.
It’s important that if you do get a DUI in another state that you contact an in-state DUI attorney to help you work through the issues because certain violations can extend their license suspension here in Utah, it could violate their probation in the other state, requiring the imposition of additional jail time; it gets to be very complex when you’re dealing with those issues.
Are the Rules and Penalties the Same for an Out-of-State DUI as a Regular DUI case?
The rules and penalties are different for each state and for each level of offense; in certain states, they impose lower fines than in Utah. The terms of formal or informal court probation, varies from state to state. I’ve had cases where they’ve received a DUI in another state and were placed on formal probation and I had to help the client find a probation officer here in Utah to supervise the individual even though their DUI was from another state. Some states are lot harsher on the conditions and the penalties imposed than the state of Utah.
How Common Are Out-of-State DUIs? How Often Do You See these Happen?
I see out-of-state DUIs occur quite frequently. Most of the time when I see it, it is because the driver has received a DUI in the state of Utah and we’re looking back at their prior history and the prosecution will provide us their national background and we’ll see the convictions from other states. Currently, I’m working with a client who had a DUI in Montana, and this is her second offense in Utah and we’re worried about Utah trying to use the Montana offense to enhance it to a third DUI and make it a felony.
Most of the time I encounter the out-of-state DUIs comes when we’re looking at whether they can use that out-of-state DUI to enhance the Utah DUI. Some prosecutors will go through the effort to subpoena the records and provide a transcript from the out-of-state court and bring it in Utah to enhance the Utah offense, but some prosecutors won’t, it depends on the jurisdiction and their different policies. Another issue that I see when we have out-of-state DUIs is a lot of people are with the military or work for the government, they have to travel Temporary Duty changes and they get a DUI in another states and come back to Utah, and we have to work through the issues concerning their probation, their driving privilege here in Utah and things like that.
What is the Biggest Mistake People Make After Getting An Out-of-State DUI?
The biggest mistake is not dealing with it, just ignoring it, but a second one, which goes along with that is not consulting with a DUI attorney in either state because there are many things that can be done on a DUI case that a DUI attorney can quickly look at and kind of give a summary of the arrest and investigation and advise them whether to fight it, or the best way to get through it, whether it’s sending them back home with the promise to appear later or posting some kind of bond. The biggest mistake is to ignore it and then not contact a DUI attorney.
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