Say, for instance, that you have been convicted of a first-offense DUI within the past 10 years in the state of New Jersey. Then, say that you have been recently accused of driving under the influence of drugs or alcohol while you were traveling in or visiting another state. With this, you may be wondering whether this other state will charge you as a first-time offender or whether this will be considered your second offense DUI. Follow along to find out if you are considered a repeat offender upon receiving a second DUI in another state and how a proficient Morristown DUI defense lawyer can work to reduce the penalties placed against you.
Am I charged as a repeat offender if I receive a second DUI while out of state?
Put simply, your out-of-state DUI charge is likely to follow you home. This is because most states throughout the country have joined two interstate agreements to keep records of driving infractions such as DUIs. Namely, these agreements are the Driver License Compact (DLC) and the Non-Resident Violators Compact (NRVC).
For one, the DLC holds that the Department of Motor Vehicles in a participating state is supposed to share your DUI conviction with the regulatory authorities in the state of New Jersey. This may mean that you may have your license suspended both in New Jersey and the other state. The only states that have not signed on to this agreement are Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin.
Similarly, the NRVC states that participating states are to share your DUI conviction and otherwise your citation record with the state of New Jersey at their discretion. An example of this is if you do not appear in the presence of an out-of-state court for your DUI proceedings. And the only states that do not follow this are Alaska, California, Montana, Michigan, Oregon, and Wisconsin.
This is all to say that, if your out-of-state DUI charge is your second charge in total, then you may be facing repeat offense enhancements.
What are the consequences of an out-of-state DUI?
Of note, you may be subject to New Jersey law’s enforced penalties for your second offense DUI regardless of whether the stop and arrest took place out of state. With that being said, upon being charged as a repeat offender for your second DUI, you may be facing the following consequences:
- A jail sentence for two to 90 days.
- A fine of $1,000.
- A New Jersey driver’s license suspension for one to two years.
- An installation of an ignition interlock device in your vehicle for two to four years after license reinstatement.
- A mandatory attendance at the New Jersey Intoxicated Driver Resource Center for up to 48 hours.
In the end, the first step you must take in your DUI defense is to retain the services of a Morristown criminal defense lawyer. So call us at Graves Andrews, LLC today.