Getting a DUI out of state, also known as a ‘foreign DUI conviction’ can lead to serious consequences, especially when you are living in or moving to Arizona. States have varying DUI and DWI laws, and understanding how an out-of-state Prior DUI Conviction impacts your Arizona driving privileges is critical.
Whether it’s fines, jail time, or a suspended license, the effects of an out-of-state DUI with an Arizona License can follow you. This guide will walk you through Arizona’s stance on out of state DUIs, potential penalties, and what steps you can take to minimize the consequences.
Does a DUI From Another State Count in Arizona?
Arizona treats out-of-state DUI convictions seriously. If you’ve been convicted of a DUI in another state, Arizona may use that conviction against you if you are charged with another DUI here. However, not every out of state DUI conviction automatically counts. Arizona compares the DUI laws from the other states with its own. If the out of state DUI laws don’t align closely with Arizona’s, the prior conviction might not be used to enhance penalties.
For example, if you were convicted of a DUI in a state where the definition includes driving under the influence of certain prescription drugs not covered under Arizona law, Arizona courts might not count that prior conviction. An experienced out of state DUI lawyer can analyze the laws in both states to determine whether your previous DUI or DWI will affect you in Arizona.
What Happens If You Get a DUI in Another State?
One of the most common questions among people arrested for a DUI in another state is, “Does a DUI in another state count in Arizona?”
It’s important to know that most states participate in the Interstate Driver’s License Compact (IDLC). This agreement ensures that states share information about DUI arrests and convictions. So, will a DUI from another state show up in Arizona? The answer is likely yes. Arizona will be notified of your conviction, and it could lead to a suspension of your Arizona License or Privilege to Drive.
Arizona honors out-of-state suspensions, meaning that a DUI license suspension from another state will likely affect your ability to drive in Arizona as well. Additionally, when someone has an Arizona License, and receives a DUI or DWI from another state, Arizona will very likely suspension or revoke that person’s Arizona License, and not allow them the benefit of getting any sort of restricted license.
What Are the Consequences of an Out of State DUI in Arizona?
The penalties for an out of state DUI in Arizona depend on several factors, including whether you have prior DUI convictions and how closely the other state’s laws match Arizona’s. Here are some potential consequences:
- License Suspension: Arizona will typically honor an out of state DUI license suspension, meaning if your license was suspended in another state, you might face driving restrictions here as well, which can be for a different length of time, and a different time frame than the suspension that may or may not occur in the state in which the DUI or DWI conviction occurred..
- Increased Penalties: If Arizona recognizes your out of state DUI conviction, you could face increased penalties for any new DUI charges in Arizona. For instance, if you are convicted of a DUI in Arizona and have a prior DUI conviction in another state, Arizona may treat it as a second offense DUI, leading to much harsher penalties.
- Fines and Jail Time: If your prior DUI translates for Arizona purposes, Arizona’s penalties can include steep fines and more mandatory jail time.
It’s important to consult with an out of state DUI lawyer to understand how the laws from both states interact and how to minimize the impact on your record.
How Do Different States Handle DUIs?
While Arizona’s DUI laws are known to be strict, every state handles DUIs / DWIs differently. In some states, penalties may include longer license suspensions, while others might impose less severe fines. If you are getting a DUI out of state, the consequences in Arizona could vary depending on where you were arrested. For example, in Arizona, a first-time DUI can result in a 90-day suspension, while other states might impose a longer or shorter suspension.
Additionally, some states may require alcohol education courses, ignition interlock devices, or community service. Depending on the agreement between the states, these penalties may also follow you to Arizona, but Arizona is unlikely to require the driving penalties that the other state imposes. Nonetheless, you will need to satisfy the requirement of the other state in order to eventually reinstate your Arizona Privilege to Drive and License to Drive.
What Happens If Arizona Can’t Use My Out of State DUI?
If the DUI laws in the state where you were convicted do not match Arizona’s laws, Arizona courts might not be able to use that DUI against you. For example, if the other state’s DUI laws include offenses like riding a horse while under the influence, which Arizona law does not cover, your previous conviction might not be counted as a prior offense here.
Working with an attorney who understands out of state DUI laws is essential in these situations. A skilled lawyer can examine the laws in both states and potentially prevent the out of state DUI conviction from being used to enhance your penalties in Arizona.
Will My Out-of-State DUI Affect My Driving Record in Arizona?
Yes, it’s highly likely that your out of state DUI will appear on your Arizona driving record. If Arizona receives notice of the conviction, the Motor Vehicle Division (MVD) may add the violation to your record, which could affect your insurance rates and ability to maintain your driver’s license.
However, Arizona may not impose additional penalties if the laws between the states differ. For example, if you were convicted under a more lenient law in another state, Arizona might not impose the same strict penalties that would apply under its own DUI laws.
Protect Your Rights: Consult an Out of State DUI Lawyer
Dealing with an out of state DUI in Arizona can be complex and overwhelming. Understanding what happens if you get a DUI in another state and how Arizona’s laws apply is critical to protecting your driving privileges and avoiding harsher penalties.
An experienced DUI Attorney can help you navigate the legal process, analyze the laws from both states, and potentially reduce or eliminate the impact of your out of state DUI conviction. If you’ve been charged with an out of state DUI with an Arizona license, you need expert legal advice.
Call for a Free DUI Consultation
As one of the leading DUI Attorneys in Phoenix, Attorney Brian Sloan and his dedicated team are committed to guiding you through every step of your DUI case, ensuring you fully understand your legal options. With an outstanding track record of successfully handling even the most complex DUI cases, including out of state DUI convictions, as highlighted in our case accomplishments, you can rely on us to fiercely protect your rights and secure the best possible outcome. Call 480-900-0384 or contact us online to get started.
