One of the easiest ways to ruin a perfect visit to the Peach State is getting pulled over for driving under the influence (DUI). Driving while intoxicated is illegal in all states and can be highly frustrating in a state you don’t call home.
For Georgia residents, getting arrested with DUI outside your state means your license will be taken away and other severe complications.
This article discusses Georgia out-of-state DUIs and the effects of convictions on your state licensure.
Impact of Out of State DUI Arrests for Drivers With a Georgia License
Your Georgia state driver’s license will be suspended if you get convicted of DUI in another state. The offender won’t get it back until they pass a clearance procedure from Georgia and the arresting state.
The Georgia Department of Public Safety requires that you have a letter of clearance in the arresting state that informs them they are okay with you getting the license back.
To pass Georgia’s clearance procedures, you must wait for a minimum of 120 days and issue a Certificate of Completion from an approved substance abuse program and an appropriate reinstatement fee.
Georgia’s DUI Laws with an Out-of-State Driver’s License
Anyone from outside of Georgia arrested with DUI in Georgia will face similar legal issues that Georgia residents face. The legal penalties will depend on the number of offenses the person has on record.
Georgia only has the authority to suspend licenses from out-of-state offenders. But this may not mean your home state will not impose sanctions based on your Georgia DUI case, as there is DUI reciprocity between states. But, Georgia can suspend or revoke a person’s privilege to drive in the state based on their case.
According to Georgia’s implied consent warning, if a driver is suspected of DUI and refuses the state-administered chemical testing, the state will suspend the privilege to drive on the highways.
The non-Georgia resident may face consequences such as jail time, steep fines, probation, and community service. Additionally, your home state can impose license penalties from your case. The proceedings usually take a long time and require you to travel back and forth, which is expensive and time-consuming.
It is best to work closely with a Georgia DUI defense lawyer to take care of some of the case procedures for you and avoid the hassles of the court system.
The Interstate Driver’s License Compact (IDLC)
The IDLC is an agreement in 46 states, including the District of Columbia, for communicating information regarding driver’s license suspension and infractions done by non-residents to the home state. It includes states sharing DUI information to underscore the point that:
- The member states keep track of all traffic offenses and people that commit them in other states.
- Member states will penalize residents who commit traffic offenses in other states as though the infraction was committed in the home state.
Georgia is not presently part of the IDLC.
Defending Out-of-State DUI Charges in Georgia
DUI laws are slightly different in every state, so it is best to work with a DUI defense attorney who understands the law in the state that arrests you. Depending on the court proceedings, you may or may not be required to be physically present in the court for the arraignment.
If you should make an appearance in court, it can be inconvenient with your work life and expensive if you travel long distances. These complications make out-of-state DUI problematic.
At Moffitt Law, LLC, we have the experience and expertise you can trust in Georgia for all DUI cases. We offer reliable legal services to every client facing a DUI. You can trust us to provide effective DUI defense to those who violate Georgia’s laws. Contact us today to get help.
Georgia DUI FAQs
Will my driving privileges get suspended for an out-of-state DUI?
In most cases, yes. The arresting state can suspend your driving privileges meaning you cannot legally operate a vehicle in that state.
What are the penalties for out-of-state DUI?
Common DUI penalties include fines, jail time, probation, and installation of ignition interlock devices (IID).
Can the arresting state charge an out-of-state DUI offender with a crime?
The arresting state can charge out-of-state DUI offenders with DUI offenses. These charges are filed under DUI laws and have charges for driving while intoxicated or with a blood alcohol content above the legal limit.