02 Jul Getting a Vacation DUI and how you should proceed
Summer is easily considered one of the best seasons to enjoy a vacation. After all, students are finally free from the pressures of school, and various resorts and businesses offer seasonal deals to entice travelers of all ages. However, the summer season is also one of the most dangerous times to be a driver on the road. It’s easy to enjoy a vacation too much, and the uptick in DUI arrests in the summertime is no coincidence. A DUI can have terrible consequences on your driving record, and the penalties can be worse if the crime occurs out-of-state.
The role of the driver’s license compact
In the United States, Congress has established the blood alcohol concentration level to be at .08, and you will receive a DUI if you are arrested driving at or above this level. With the exceptions of Tennessee, Massachusetts, Michigan, and Wisconsin, the United States adheres to the Driver License Compact (DLC). The DLC works under the motto, “One Driver, One License, One Record,” ensuring that any driving-related crimes, including DUIs, are reported between states. For example, if you receive an out-of-state DUI in California, it’s your home state that will take action against your DUI. Some states, including New York and Nevada, will only apply the DLC for major violations, including DUIs.
An out-of-state DUI is a complicated process because each state has different procedures when handling DUI cases. Even under the DLC, the state the crime was committed in has the option of issuing their own penalties. When you receive an out-of-state DUI, you may find yourself needing defense from both your home state and the state where the crime occurred.
Should I Hire a Local Lawyer or a Lawyer from the State Where I Got My DUI
A lawyer from your own state will be of little use to you in an out-state-case, so it’s best to research lawyers from the state of the crime. Depending on circumstances, an in-state attorney can also appear in court for you, saving you a trip. Although Tennessee is not part of the DLC and can’t revoke your license, you are subject to Tennessee’s DUI laws. Like all states, DUIs are considered a serious offense in Tennessee and offenders will incur severe penalties. Out-of-state offenses require the offender to appear in Tennessee for all court hearings, and a warrant may be issued for your arrest should you not appear. In Tennessee, a DUI can lead to jail time, fines between $350-$1500, mandatory community service, safety classes, and even losing the right to drive in Tennessee for up to 2 years.
When your license is suspended or revoked because of an out-of-state DUI, you will need the help of an attorney. If you receive a DUI in Tennessee, contact Crain & Flatt Attorneys at Law at (888) 988-5578. Our Murfreesboro DUI defense lawyers are available to the residents of any state who require help with license suspensions, administrative hearings, and even felony DUIs.