How to Handle Out-of-State DUIs in New Jersey

How to Handle Out-of-State DUIs in New Jersey

Dealing with an out-of-state DUI charge while in New Jersey can be confusing and stressful. As a New Jersey criminal defense lawyer, I’ve helped many clients in this situation understand their options and get the best possible outcome. In this article, I’ll walk through the key things to know if you’ve been charged with a DUI in another state but live in or were arrested in New Jersey.

Do I Need a Lawyer in Both States?

This is one of the most common questions I get. The short answer is, maybe. If it’s just a first-time misdemeanor DUI, you may be able to handle the other state’s case yourself by mail or phone. But for anything more serious, it’s smart to have a lawyer licensed in that state on your team. They’ll know the prosecutors and judges and can negotiate in person.

In New Jersey, you’ll definitely need a local DUI lawyer. Out-of-state charges can impact your New Jersey license and record. An experienced Jersey attorney can help minimize those consequences. They’ll also make sure any probation or requirements from the other state don’t conflict with your rights here.

How Will the Out-of-State DUI Affect My New Jersey License?

New Jersey and most states belong to an interstate compact that shares information on driving offenses. So if you’re convicted of a DUI in another state, New Jersey will find out. From there, the New Jersey Motor Vehicle Commission (MVC) will usually impose a license suspension.

For a first offense, the suspension is typically 3 months. But for a second or third DUI, it can be 1 year or even 10 years without a license. The out-of-state DUI will also stay on your Jersey driving record for up to 10 years. And it can impact your car insurance rates.

Luckily, an experienced New Jersey DUI attorney can often get an out-of-state suspension waived or reduced. For example, we may argue the other state’s laws are very different from New Jersey’s. Or we may be able to get the other state to plead the DUI down to a lower offense like reckless driving. That avoids license loss here.

Will I Need to Go Back to the Other State for Court?

If you were arrested for DUI in another state, you’ll probably need to return at some point to handle the charges. For a first court appearance, your out-of-state lawyer can usually appear for you. But for later hearings or a trial, you’ll likely have to show up in person.

That’s a hassle, but it’s important. Missing a court date can lead to a bench warrant for your arrest. I’ve seen clients picked up on old out-of-state warrants during a New Jersey traffic stop years later.

To avoid that, document any dates you need to be in the other state. Ask prosecutors ahead of time if you can do certain appearances by phone or video conference. And talk to your Jersey lawyer about whether you need to notify New Jersey authorities before leaving the state.

What Are the Best Defenses for an Out-of-State DUI?

Fighting an out-of-state DUI charge involves digging into that state’s laws and procedures. But some common defenses I often raise in these cases include:

• No probable cause for the traffic stop. If the officer didn’t have a valid reason to pull you over in the first place, the whole DUI case could get tossed out.
• Errors in the field sobriety or breath tests. Mistakes in how these tests were given could make their results inadmissible.
• Problems with blood test procedures. There are strict rules on drawing, storing, and testing blood samples. Any violations could exclude the BAC results.
• No proof you were actually impaired. A high BAC doesn’t always mean impairment. We can dispute whether your actions showed signs of intoxication.
• Medication, medical conditions or rising BAC. There are valid, legal reasons you may have failed roadside tests or had a high BAC. A skilled lawyer can argue those at trial.
• Violations of your rights. If the police denied your right to an attorney, forced a test, or violated search and seizure laws, that may lead to suppression of key evidence.

Your out-of-state lawyer will know which defenses apply under local laws. Be sure to give them any evidence that could help, like dash cam footage or receipts showing your alcohol consumption timeline. This can cast doubt on the DUI allegations.

What Should I Do if I’m Arrested for DUI in New Jersey?

If you’re actually arrested for DUI within New Jersey, the process will be different. Here are some quick tips:

• Remain polite with the police, but don’t answer questions if you’ve been drinking. Anything you say can be used against you.
• You have the right to consult a New Jersey DUI lawyer before doing field sobriety or breath tests. Ask to speak to one.
• Don’t refuse breath or blood tests. You can still be charged with DUI and face harsher penalties for refusing.
• If released after arrest, you’ll get a court date to appear before a municipal judge. Get help from an experienced local DUI attorney right away.
• Your license will be immediately suspended, though you can often get a temporary one until your case resolves.
• Enter a “not guilty” plea at your first court appearance while your lawyer reviews your options. Negotiating a plea deal or fighting the DUI at trial may lead to a better outcome.

Takeaways

Being arrested for DUI is scary no matter where it happens. But an out-of-state charge comes with extra confusion and complications. Don’t go it alone. Consult experienced DUI lawyers in both states right away. They can help navigate the dual processes, protect your rights, and achieve the best resolution in both places. Taking quick action gives you the best chance to limit penalties and keep your life on track.