Out Of State DUI Charges
Unfortunately, you or a loved one have just been arrested for a DUI. That is a scary enough feeling on its own, but what happens when you are arrested for a DUI in a state other than your home state? What are the consequences for that state? What are the consequences for the state in which you reside? What is going to happen to your license and driving privileges not only in the state that you received the DUI, but also the state in which you reside? Who should handle my case?
What do you do next?
Since 1980, Georgia has been a part of the Non-Resident Driver Compact, which basically states that if you receive a DUI in Georgia, you will have to abide by our rules and do as the state of Georgia tells you (probation, fines, etc.) as well as the state in which you reside. Basically, you will be getting a double dose of justice and punishment for receiving a DUI out of state. Currently there are only two states that are not on board with the Non-Resident Driver Compact or the Driver's License Compact, and those states are Michigan and Wisconsin. Even though these two states are not a part of either agreement, they can still suspend your license if they see fit & due to a DUI received in another state. You or the loved one may be held responsible and accountable for not only the original DUI in the state of Georgia, but also answer to the courts in your home state as well. The home state will suspend your license; if, for no other reason, than to generate revenue. To be able to drive in Georgia, you would need to get your privilege reinstated (meaning you could possibly keep your license, but could lose driving privileges in the state of Georgia) as well as have your actual driver's license reinstated in your residing state. There are special concerns imposed on out of state drivers and their cases need to be handled with special care to ensure that the best possible outcome is what happens.
What is going to happen to your license?
Out of state, non-Georgia residents are subjective to the ALS (Administrative License Suspension) program. These proceedings are usually decided before any of the substantive issues that have not been resolved yet in the criminal case of someone charged with a DUI. The ALS operates independently and can be determined and permanent before you are convicted of a DUI in the state of Georgia. The ALS laws declare that someone who was lawfully arrested must consent to a breath test, urine test, or blood test and refusing to do so will result in a one year license suspension without a work or limited permit. All driving privileges will be suspended for an entire year, no questions asked. Georgia courts and authorities will communicate your charge to the state in which you reside that handles issuance of driving privileges and driving privileges all together. Your home state could suspend your license and force you to comply with all of Georgia's DUI stipulations as well as your home state's own.
Will I have to pay a fine in the state I received the DUI and the state that my license was issued?
Possibly. The state of Georgia will “tell on you” by notifying the DMV or similar agency in your home state of the DUI charges that you received while in Georgia to determine what will happen to your license. If you do not comply with the statutory-mandated tests that an officer is required to administer to you, then you will definitely lose your license for a year without any consideration towards a work or limited permit. However, if you comply then the state is more likely to grant you a work or limited permit depending on the outcome of whether you get convicted or not of the DUI charges. Although you do reside out of state, in the state of Georgia, you only have ten (10) days to file a claim so your license does not get suspended prior to you going to court for your DUI charges. The attorney you hire will file a request for an ALS hearing with the DDS (department of driver's services) so your driving privileges in Georgia do not get suspended. Also, many states honor that if your driving privileges are suspended elsewhere, they will also be suspended in the state which you reside and call your home state.
Who should I contact?
If you get a DUI in the state of Georgia, there is only one law firm to contact on your behalf and that is McDonald & Cody, LLC. Since 1969, our attorneys have been arguing and winning cases all over the great state of Georgia. You want an attorney who has had experience and is familiar not only with the area, but familiar with local and state government as well; and the attorneys at McDonald & Cody, LLC have the experience and are very familiar with the area and courts. With your case in their hands, you can rest assured that your case is in the best hands possible and that your case will be handled with care and be properly taken care of by the best defense attorneys in the great state of Georgia. If you get charged with a DUI, Sam Sliger is the attorney that you want to handle your case.