Can an Out-of-State DUI Affect you in Arizona?

DUI charges in Arizona are well known for being some of the strictest in the country, but what about if you receive a DUI in a different state than Arizona? How does that affect you here? What about a DUI in another country, such as down in “Rocky Point,” Mexico? That will be an article for a different time.

In this article, we will discuss the facts about an Out-of-State DUI. Since each state has its own set of laws and statutes, DUI laws vary from state to state.

 


DUI Penalties and Laws in Arizona vs. an Out-of-State DUI

The penalties for a DUI conviction tend to be harsher in Arizona than in many other states. However, Arizona treats license suspensions more easily than some other states. For example, if you are convicted of a first DUI offense in Arizona, your license will typically be suspended for 90 days.

After not driving for 30 days, you will be eligible for a restricted license for the final 60 days to drive to and from your job, school, and treatment classes. By contrast, if you are convicted of a first DUI offense in Colorado, your license will be suspended for one year.

By contrast, the fines and fees for a first-offense DUI conviction in Arizona tend to be much higher than in other states. If you are convicted of a first DUI offense in Arizona, you will be assessed at least $1,500 in fees and fines along with a minimum of one day in jail. In many other states, the fines and fees are much lower, and no jail time is given for a first-offense DUI.

For example, a first-time DUI conviction in Missouri can result in a maximum fine of up to $500 along with a maximum sentence of six months in jail. However, most first DUI offenders in Missouri are not assessed any jail time.


Speak to an Arizona DUI Lawyer Arja Shah Now

We are Open and Available to answer any questions. Free consultations by phone or video chat. Shah Law has successfully defended over 3,000 clients. We are on your side!


DUI fines in different states


What if I have a Prior DUI Conviction?

If you are charged with a second or subsequent DUI offense in Arizona, the penalties you might face will be much more severe than the penalties for a first DUI offense. However, if you have a prior out-of-state DUI conviction, it may or may not be treated as a prior DUI offense for sentencing purposes in Arizona. Under Arizona law, an out-of-state DUI conviction can only be used to enhance your Arizona DUI sentence if the law in that state matches the DUI law in Arizona.

If you have a prior DUI in a different state, the prosecutor will review the law under which you were convicted to determine whether it matches Arizona’s DUI law. DUI laws vary from state to state. Your defense lawyer will also review the other state’s law and try to argue that it does not match so that your previous conviction won’t be used to enhance your sentence. The facts of what happened in the other state to lead to the conviction will not matter; instead, only the language of the statute matters.

To keep an out-of-state DUI conviction from being used to enhance your DUI sentence in Arizona, you will need an experienced criminal defense lawyer who understands what to look for. Your attorney will need to research the other state’s DUI law, determine the offense’s elements, and determine whether there is any potential way that you could plead guilty to a DUI in that state that would not be considered to be a DUI conviction in Arizona.

DUI while On Vacation in a Different State


Out-of-state DUI convictions for Prescription Medication

Many people do not realize that they can be charged with and convicted of a DUI for driving under the influence of certain prescription medications in Arizona. In some states, however, DUI laws allow people to be convicted for driving while intoxicated when they drive after taking any over-the-counter medication that could be potentially impairing. Whether that type of out-of-state conviction will be counted against you in Arizona will depend on how the other state’s law compares with Arizona’s law.

Since laws constantly change, your attorney will need to look at the law under which you were convicted at the time of your arrest rather than the law as it currently exists. He or she can present it to the court, and the court is required to consider the law that you were actually convicted under rather than its modern version when deciding whether to count your out-of-state DUI conviction as a prior offense for sentencing purposes.

Pulled Over for DUI in Another State


How does an Arizona DUI Affect Me in a Different State?

If you decide to move away from Arizona to a new state shortly after being convicted of a DUI in Arizona, you will need to think about several potential issues. In many cases, people enter into plea agreements with Arizona prosecutors that call for a period of probation. When you receive a probationary sentence, you must follow its terms. If you don’t, your probation could be revoked, and you could face up to the maximum sentence for your underlying DUI offense in Arizona.

If you move to a new state, you may have to transfer your probation through the interstate compact process. Your attorney can help you to figure out how to do this.

After you move to a new state, a new DUI or an arrest will violate the terms of your probation. Moving to a new state does not give you a clean slate. Any new arrest or DUI offense will be reported by your new state to Arizona. This can lead to serious consequences. Finally, depending on your probation’s terms, moving out of state might not be possible until you complete your sentence in Arizona.

If you decide to move to a new state before your DUI case is finished, you will have to return to Arizona for your court appearances – OR, your DUI defense attorney at Shah Law can appear on your behalf. The Arizona court will still have jurisdiction over your case no matter where you live. First-time DUI misdemeanor offenders might be allowed to have their attorneys appear in court for them without their presence. If you are facing a more serious charge, however, you will likely be required to come back and appear in person with your attorney.

Before you relocate to a new state, you should talk to your DUI attorney in Arizona about your move. He or she should be able to advise you about how relocating might affect your case or violate your probationary terms. In some cases, it might make more sense to postpone your move so that you can finish the legal process and avoid potential problems.


Call Today and Learn About Your Rights!

Let us review your case from top to bottom and discuss the best possible options.


DUI Checkpoints in Other States


How Else Can a DUI in a Different State affect you in Arizona?

States share conviction information with other states. This means that moving out of Arizona won’t allow you to avoid the consequences of a DUI conviction. If you think that you can move so that you can get a driver’s license in a new state while your license in Arizona is suspended because of a DUI, it will be unlikely to work. The Department of Motor Vehicles in your new state will check your driving records before issuing a driver’s license. Since states share this type of information, you will not be able to get a driver’s license in your new state until you complete the requirements for your DUI in Arizona.

An Arizona DUI conviction will be included in your criminal record. Regardless of where you relocate, a conviction will follow you. Having a DUI conviction might make it harder for you to find affordable insurance rates in your new state. In some cases, a prior DUI may also impact your ability to find a job that you like.

Finally, if you are charged with a DUI in your new state, your Arizona conviction might be used to enhance your DUI sentence.


Out-of-State DUI needs an Experienced DUI Attorney

Best DUI Lawyer in Phoenix Ranked by Expertise.com If you are facing a DUI charge in Arizona and/or have a previous DUI conviction from a different state, you should talk to an experienced attorney at the Shah Law Firm.

We can help you to understand whether your Arizona charge might be treated as a first or second offense and how to possibly get the case dismissed entirely.

Call us today to schedule an appointment at (602) 560-7408.

we are here to help

Fill out the form below, or call us directly at (602) 560-7408 to schedule your free, one-on-one consultation. There is no obligation and all consultations are strictly confidential.

WHAT OUR CLIENTs SAY

“I was totally impressed and grateful for the expertise and successful case Arja handled for me. She answered my calls immediately and saved me a lot of professional and personal heartache. Arja did a great job refuting the State’s evidence and convinced the Prosecutor that my chewing tobacco was a major issue in the case that the officer did not check.”

Arja Shah Law Firm Reviews
Thomas - Super Extreme DUI
Argued Police Stop Protocols and Reduced to a Fine

“Arja represented me for a DUI case in Scottsdale. I met with her immediately after being charged and she very quickly was able to speak to the prosecutor and get my charges reduced after my initial hearings. She was attentive and easy to talk to. She gets results.”

Arja Shah Law Firm Reviews
Jason - Scottsdale DUI
Felony Charges Reduced to Reckless Driving

“Arja was extremely knowledgeable and kept us up to date on the entire case. I would hire her and recommend her to anyone- although I hope I never need her help again! But if a problem arises I would be sure to call her!!”

Arja Shah Law Firm Reviews
Maggie - Mesa Super Extreme DUI
Super Extreme DUI Reduced to First Time Regular DUI

“Ms. Shah got my charges completely dismissed. She worked hard, was thorough, and took care of all the details. Seriously, hire her. It’s a complete piece of mind.”

Arja Shah Law Firm Reviews
R. Aguilera - Attempted Murder
Attempted Murder Charges DISMISSED

“During my recent DUI case and time spent working with Arja Shah, I can say I had an absolute positive Experience. She was there to represent me and handle my questions and concerns with ease. Thank you.”

Arja Shah Law Firm Reviews
Michael - Phoenix DUI Arrest
Felony DUI Charge Reduced to a Fine

“I endorse this lawyer. She is knowledgeable as well as up-to-date on the latest case law. She is one of the very few attorneys I would recommend to family or friends.”

Arja Shah Law Firm Reviews
Michael Pittman (Attorney Peer)

“First, Arja is a superb and energetic attorney who is always willing to listen and help out in client cases. Second, she works hard for your case to minimize or eliminate penalties for the charges you are facing. She has a good analytical mind and presents your case successfully. Third, she is approachable even outside work hours if the situation calls for it. Always punctual for meetings. Lastly, she is an affordable attorney in comparison to some big-name law firms where personalized and flexible service is almost impossible. The above review is based on my experience derived from her working on my case.”

Arja Shah Law Firm Reviews
T. McCarty- Extreme DUI Charge Possible 30 Days Jail
Reduced to Reckless Driving and a Fine

“Attorney Arja Shah took the time to compile letters from family members and show the Prosecutor that they lacked evidence to move forward with my case. Arja did what she said she would do and was there to help me. Outstanding Attorney.”

Arja Shah Law Firm Reviews
Andrea- Disorderly Conduct and Domestic Violence
Charged Dismissed
Click Here to Call Now