Out-of-State DUI Warrants

When you have an out-of-state warrants for the offense of driving under the influence (DUI), you should seek the advice of an experienced DUI attorney. The DUI attorney you choose to hire should be licensed in the state in which you have the open warrant(s).

It’s not easy to predict what will happen when you have out-of-state warrants for a DUI or DWI as it depends on your personal criminal history. If you have no criminal history, it’s less likely that the consequences of out-of-state warrants will be extremely severe. If you have a significant criminal history, the state in which you have the warrants may engage in efforts to pursue you in the state in which you now reside. Be aware that if you return to the first state, the police have the right to take you into custody.

Your former state will likely communicate with the Department of Motor Vehicles (DMV) in the second state. Afterward, the second state will probably revoke or suspend your driver’s license. Even if the first state does not communicate directly with the DMV in the second state, they will likely report the suspensions to the National Driver Register (NDR). This is a federal database created by the National Traffic Highway Safety Administration (NTHSA). States check the NDR when they renew or issue a license. If the first state reports to the NDR that your license has been revoked or suspended due to a DUI or DWI, the second state will eventually find that information. The second state will then deny you a license in that state.

You may not have a driver’s license for the second state because you may have retained your driver’s license from your former state. But know that when your former state revokes or suspends your driver’s license, you have lost the privilege to drive a motor vehicle. Driving on a suspended or revoked license is typically a criminal offense and you could be incarcerated or fined for this offense. Do not drive if your only driver’s license is revoked or suspended.

You can begin the process of resolving these issues by working with your attorney. Your goal is to appear less dangerous to your former state. Right now, with open warrants, and having left the state’s borders, you look like a person who does not want to face consequences. See if the court in the first state will allow you to appear through an attorney, it’s unlikely that they will grant this request. When it comes to DUI cases, many judges prefer that the defendant appear in person. It can help if you have obligations that prevent you from leaving the second state. Let your attorney know whether you have family, financial, military or work-related responsibilities that caused you to leave your former state before taking care of your DUI charge.

Now is the time to ask what you want to do with the DUI or DWI charge(s). Do you want to contest the DUI in hearings and perhaps go to trial? Alternatively, do you want to take a plea offer with the State? Work with your DUI attorney to figure out whether you will challenge or accept the State’s accusations. If you decide to go to trial, it’s quite unlikely that the judge will excuse you from being present at the trial. If you decide to take a plea offer, you will begin the process of paying off court costs, fines, traffic school, and any other penalties that will come from the DUI offense and from your having left the state with your DUI charge unresolved.

DUI cases are very fact-specific, so work with your DUI attorney to thoroughly review the facts in your case.

Case Studies: Out-of-State DUI Warrants

Case Study 1: John’s Dilemma

John is a resident of California who received a DUI charge while visiting Nevada. Instead of addressing the charges in Nevada, John returned to California, leaving the warrants unresolved.

As a result, his driver’s license in California was eventually revoked, and the information was reported to the National Driver Register (NDR). Now, John faces the risk of being arrested if he returns to Nevada. His attorney advises him to explore legal options and determine the best course of action for his specific case.

Case Study 2: Lisa’s Legal Battle

Lisa, a resident of Florida, has a history of previous DUI convictions. She is currently residing in Texas, where she received a DUI charge. The state in which she has the warrants, Florida, may take additional steps to pursue her if she remains in Texas.

Lisa’s attorney advises her that driving on a suspended or revoked license is a criminal offense, and she should avoid driving until her legal matters are resolved. They discuss potential strategies, such as appearing in court through an attorney or presenting mitigating factors that led to her leaving Florida before resolving her DUI charge.

Case Study 3: Mark’s Decision

Mark is facing DUI charges in his former state, New York, while currently residing in New Jersey. He consults with a DUI attorney to weigh his options. The attorney explains that Mark can either contest the DUI charges in court or consider a plea offer from the state.

They discuss the potential implications of each decision, including court costs, fines, traffic school, and other penalties. Mark and his attorney thoroughly review the facts of his case to develop an effective defense strategy.