What Are The Typical Reasons That People Get Out-of-State DUIs?
The most frequent reason is because they want to know, for treatment purposes, with almost any DUI in any jurisdiction that I am familiar with, there is a requirement for a drug and alcohol assessment and drug and alcohol counseling. If they have that out-of-state DUI, it’s not really practical for them to do counseling in another state; they may have only been there for a short time for work or vacation, but they still have this requirement to get the court-approved treatment. Most of the time they contact me to see if I can help them find a treatment provider or someone who can provide counseling and an assessment that will qualify for the out-of-state court and I tell them to contact the out-of-state court, see exactly what their minimums are and then look around in Utah.
I work with a lot of different providers and I can help them best match the treatment they will need to fulfill the out-of-state requirements and then along with the treatment, if they are required to have the ignition interlock equipment, I can help with that, Then, there the probation and whether they need a Utah probation provider to satisfy the out-of-state court order; we don’t want them to think they can just come back to Utah and not follow through with what they’re supposed to do in the other courts and not have a warrant. Mainly they’re contacting me to help them work through those issues and the requirements that the other court has imposed on them.
Are Out-of-State DUIs Mostly Alcohol Related or Are They Drug Related?
Most out-of-state DUIs are alcohol related, simply because a lot of people go out of state for vacation to visit friends and family for a special occasion, like a wedding or an anniversary or something like that and perhaps they relax and enjoy themselves a little bit more than if they were back in Utah, or maybe they’re in a new place for work on a temporary duty assignment and after work, they might not have their family to go home to or have anything to do after they leave work, so they go out to have some drinks and try to meet some new people, so most are alcohol-related; at least that’s been my experience. People typically don’t travel with illegal controlled substances and their prescriptions and prescription DUI cases are a lot harder for prosecution to prove and detect.
Have You Ever Seen Someone Get an Out-of-State DUI for Prescription Medication?
Yes, I have seen it, when they’ve been out of state for a special occasion with their prescription medication and they may have just had one drink, but it reacted with those prescriptions and affected their ability to drive; it’s not so much the alcohol causing the impairment, but the medication mixed with alcohol. Sometimes the alcohol intensifies the effects of those medications, so they get stopped for poor driving performance, sometimes because they’re not familiar with the area, causing them to go a bit slower than normal as they look for their hotel or a new address.
They have contact with law enforcement, who may smell the odor of alcohol and conduct field sobriety tests before taking them into the station and having them blow into the Intoxilyzer machine. If they are below the limit, the driving pattern and the performance on the field sobriety tests demonstrate some impairment, so they’ll use do a blood test and you’ll see a combination of a blood alcohol of maybe 0.03-0.04 with at least one or two other types of prescriptions and that combination is what got them into trouble.
Do Police Officers Intentionally Target Out-of-State License Plates?
I do believe that police target out-of-state license plates; at least, it’s a practice for officers in Utah, we see that all the time. For example, on Interstate 70, in the lower portion of our state, we see out-of-state people stopped all the time. We often get clients with Nevada or Colorado plates who were stopped here, which leads me to believe that it’s just a practice generally accepted in law enforcement, that they will be looking for out-of-state plates. They’re easier targets because they’re not familiar with the area and they are nervous when they’re pulled over by police officers in this new location.
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