Administrative Suspension for Out-of-State Refusal Conviction

Administrative Suspension for Out-of-State Refusal Conviction

Getting arrested for DUI is scary enough, but getting arrested in a state where you don’t live can be downright terrifying. As an out-of-state driver, you may be wondering what happens if you refuse a breathalyzer test in a state that’s not your home state. Will they suspend your license even though it was issued in another state? Unfortunately, the answer is generally yes.

When you get arrested for DUI, the officer typically reads you something called the “implied consent warning.” This says that by driving in that state, you implicitly consent to submit to a chemical test if suspected of DUI. If you refuse, you face stiff penalties like license suspension. This applies to both residents and non-residents alike.

So if you’re from Florida and get arrested for DUI in Georgia, Georgia can suspend your Florida license even though they didn’t issue it. This is because of two interstate compacts that allow states to share information and mutually enforce penalties like license suspensions:

• The Driver’s License Compact (DLC) – Member states share info about convictions and suspensions so other states can enforce them too. If your license gets suspended in one state, others will honor it.
• The Nonresident Violator Compact (NRVC) – Requires states to suspend licenses if an out-of-state driver fails to comply with a traffic citation. So if you skip your Georgia DUI court date, they’ll suspend your Florida license.

Not all states participate in these compacts, but most do. The only states that haven’t joined the DLC are Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin. And the only ones not in the NRVC are Alaska, California, Montana, Michigan, Oregon, and Wisconsin. But even if you get a DUI in one of those states, they can still notify Florida which may suspend your license anyway.

Where it gets tricky is with administrative license suspensions. These happen immediately after a DUI arrest, before any conviction, if you refuse a breath test or fail it. Since it’s not a criminal conviction, the interstate compacts don’t apply.

So if you refuse a breath test in North Carolina, the officer there can’t physically take your Florida license. And Florida won’t suspend it just because of the North Carolina refusal. However, if you’re later convicted in North Carolina, then Florida will enforce any suspension imposed by the criminal court.

Administrative suspensions also vary by state. In Georgia, it’s a one year suspension for refusal. In Florida, it’s only six months for a first offense. So the length of your suspension may depend on where you were arrested, not where your license was issued.

This highlights why it’s so important to fight the administrative suspension and criminal charge at the same time. Don’t assume that beating one makes the other go away. They’re separate processes.

If you win your criminal DUI trial but lose the administrative hearing, your license could still get suspended. And even if you win at the administrative level, the criminal court can still suspend your license if you’re convicted there. It’s crucial to fight both.

This is why you need an experienced DUI lawyer licensed in the state where you were arrested. A local attorney knows all the intricacies of that state’s laws and procedures. Don’t try to handle it long distance.

At your administrative license hearing, your attorney can try to get the suspension overturned by questioning the arresting officer. But be prepared, these hearings are very hard to win. Officers rarely rescind a refusal suspension, even in exchange for a guilty plea.

If you lose, some states offer hardship permits or ignition interlock devices to allow limited driving privileges during the suspension period. But again, every state has different rules on eligibility. A local lawyer will know what options you may have.

If your administrative suspension gets upheld, you may be able to file an appeal within 10-30 days depending on the state. Your attorney can petition for judicial review in the local county court or superior court. But once again, this varies by jurisdiction.

The lesson is, get an attorney licensed in the state of your arrest who can navigate the specific laws there. Different states handle out-of-state DUIs differently, so you need someone familiar with all the nuances. Don’t leave anything to chance.

Fighting an out-of-state DUI takes time, money and sacrifice. You’ll have to travel back for multiple court dates, which means taking off work and paying for airfare and hotels. But a conviction could wreak havoc on your driving privileges, insurance rates, and even job prospects down the road. So it’s worth investing in a vigorous defense now to avoid problems later.

DUI laws are complex, confusing and constantly changing. Having an experienced local lawyer in your corner could make all the difference in how your case turns out. Don’t go it alone in unfamiliar territory. Get professional help fighting both the criminal and administrative sides of your case. It’s your best shot at protecting your license and your future.