Out Of State DUI
Las Vegas Lawyer For Out Of State (Tourist) DUI
Each year millions of tourists flock to the streets of Las Vegas to partake in new, exciting, and unforgettable experiences (which often includes alcohol). Unfortunately, some visitors take their fun a bit further and get behind the wheel of a car after a night out drinking on the Vegas strip – which frequently leads to drunk driver arrests and out of state DUI charges.
With that in mind, getting out of a DUI is not an easy task for anyone suspected of being a drunk driver. That’s even more true for out of state DUI defendants charged with drunk driving in Nevada. The complicated legal aspects involved in out of state DUI charges tend to make the criminal defense process lengthier, more complex, and frustrating.
For those reasons, hiring an experienced and proven DUI lawyer is key to understanding the implications of your charges (at home and in Nevada), protecting your rights, and mounting a strong DUI defense. Contact TVL today at 702-707-7000 for your free initial consultation – we can help even if you’re not currently in Nevada.
When Do I Risk Being Arrested For A DUI?
A criminal charge is significant no matter where you are. However, an out of state DUI conviction can cause problems for you in Nevada and your home state. If your blood alcohol concentration is above 0.08% while you’re operating a motor vehicle, you risk a DUI arrest. Further, you can be arrested and face an out of state DUI conviction if:
- You operate or control a vehicle while under the influence of controlled substances (drugs) or alcohol
- Your BAC is 0.08% or higher 180 minutes after your arrest
Can I be charged with DUI in two different states? No. Individuals charged with out of state DUI offenses only face charges in the state where they were arrested. That means you cannot be charged with multiple DUIs in different states for the same offense. However, the penalties for an out of state DUI conviction will most likely follow you to your home state (i.e., license suspension, DMV points, higher insurance, etc.).
If you’ve been charged with a DUI in a different state from your residence, it’s in your best interest to consult with a DUI attorney as soon as possible.
Penalties For Out Of State DUI
DUI penalties for out of state DUI visitors depend on the charges filed, the DUI history of the defendant, and more. Generally, individuals facing a 1st or 2nd DUI conviction in Nevada face the following DUI penalty possibilities:
- 48-hours to 6-months in jail
- Fines ranging from $400 to $1,200, in addition to court costs
- Minimum 185-day license suspension (restricted license may be possible after 90 days)
- Compulsory Nevada DUI School and Victim Impact Panel
It’s important to note that felony DUI convictions carry harsher penalties, including potential prison time, much higher fines, and a felony criminal record. That’s especially true of DUIs that cause serious injuries or death in Nevada.
Furthermore, individuals must also face a DUI penalty when they get back to their home state. That’s because the State of Nevada will notify your state’s DMV of the out of state DUI (in most cases), which will most likely lead to enforcement of the license suspension and other penalties.
What Happens If I Ignore My Court Summons?
In Nevada, you or your DUI lawyer must appear in court for misdemeanor DUI offenses. That is true, regardless of your home state. If the out of state defendant or their DUI attorney isn’t present for the court date, a Nevada judge will likely issue a bench warrant for their arrest.
If a bench warrant is issued against you, you’ll be arrested if you’re ever in Nevada again and pulled over by the police. Once apprehended, you will likely be held in jail without bail until your DUI offense is addressed.
A skilled DUI attorney can potentially help nullify or “quash” the warrant by requesting a court hearing and convincing the judge to recall the warrant. Your lawyer can appear on your behalf to accomplish this, so you won’t have to leave your home state.
It’s important to note, if you’re facing felony DUI charges, the police may seek to have you extradited (forcefully brought back to Nevada). It’s essential to handle any outstanding charges as quickly as possible to avoid worst-case scenarios.
Driver’s License Compact – Out of State DUIs
The Driver’s License Compact (DLC) is a cross-state compact that allows member-states to share information about license suspensions and traffic violations (including DUI convictions). According to the Council of State Governments, the theme of the DLC is “One Driver, One License, One Record.”
In addition to the DLC, Nevada is also a part of the Non-Resident Violator Compact (NRVC). Like the DLC, the NRVC is a compact that allows member-states to share information regarding serious traffic violations – including out of state DUI offenses.
That means that getting a DUI in another state does not shield you from consequences when you get back home. To the contrary, many of the consequences for an out of state DUI conviction in Nevada will persist in your home state. The most common DUI penalty that crosses state borders is a license suspension.
For that reason, it is imperative that you consult with an out of state DUI attorney well before the possibility of an out of state DUI conviction.
Did You Know That an Out of State DUI Involves Two Concurrent and Separate Legal Proceedings?
Most visitors and tourists charged with an out of state DUI are unaware that it involves two separate and simultaneous legal proceedings. Defendants must resolve their criminal DUI case with the Nevada courts. At the same time, out of state DUI defendants must also deal with the Nevada Department of Motor Vehicles’ license suspension, which can include a DMV hearing.
Under many circumstances, DMV license suspension and revocations can be postponed or dismissed so long as the defendant’s DWI defense attorney takes the necessary actions in court and with the DMV. However, neglecting to take swift action to avoid or delay license suspension could result in a loss of driving privileges for 185 days or more in Nevada and any other DLC member-state.
Contact The Vegas Lawyers today to speak with an experienced DWI defense attorney about how we can help.
States that Don’t Count Out-of-State DUIs (Interstate Compact)
Suppose you’ve been convicted of an out of state DUI in Nevada. In that case, you’ll find it very difficult to locate a state that doesn’t know about your DUI and subsequent license suspension. That’s because 45 states and Washington D.C. are a part of the out of state DUI DLC program. The only states that don’t share DMV information with other states are:
These states don’t participate in the Driver’s License Compact and don’t have immediate access to out-of-state driving records. However, that doesn’t mean that it’s smart for a person with a DUI conviction and license suspension to drive there. When applying for a driver’s license in any of the states listed above, you’ll face questions about your driving record (including previous DUI convictions).
If you don’t share the truth about your previous out of state DUI DLC conviction, you could face felony perjury charges for lying. Generally, it’s best to work with an experienced DUI lawyer before it gets to that point.
Will My Home State Revoke My License?
Potentially, yes. Due to the Interstate Compact between state DMVs, a Nevada DUI conviction can lead to license revocation in your home state. A Nevada DUI lawyer can potentially negotiate your charges down to reckless driving or have them dismissed to help you avoid these penalties without ever showing up to court.
Other Ways A Nevada DUI Conviction Can Affect You In Your Home State
As a nation, DUI convictions are taken seriously by all states and local prosecutors. In addition to a home state license suspension, a Las Vegas DUI conviction can impact your “DUI count” in your home state. However, every state handles this differently.
After you’ve connected with a Nevada DUI lawyer, it’s in your best interest to seek legal counsel from a DUI attorney within your home state to learn how your out of state DUI case could impact you locally.
Should I Hire A Nevada DUI Lawyer?
DUI charges are criminal offenses that can lead to severe penalties such as jail time, license revocation, fines, and a criminal record. Deciding to handle an out of state DUI case on your own is a gamble, to say the least.
Hiring a proven DUI attorney can help to ensure that you have the best chance of decreased charges, dismissal, or lessened penalties. A Nevada DUI lawyer can do the following on your behalf:
- Attend court appearances
- Gather and scrutinize evidence
- Mount a defense strategy
- File motions
- Negotiate with the prosecution
- Attend a Nevada DMV hearing
If your case does not result in a plea bargain, dismissal, or decreased charges, and it goes to trial, you must come back to Nevada for court. However, most DUI cases never reach trial.
Contact Experienced And Top DUI Lawyers
If you’ve been charged with an out of state DUI, now is not the time to take matters lightly. You must act swiftly and effectively to give yourself the best chance at a favorable outcome in your case. If you’re looking for an experienced, accomplished, and affordable DUI lawyer in Las Vegas – we can help.
Our attorneys understand the complexities of out of state DUI charges. A Las Vegas DUI defense lawyer at our firm can help you spend the least amount of time possible in court while fighting for reduced or dismissed charges on your behalf.
Contact The Vegas Lawyers today at (702) 707-7000 for your free and confidential consultation.