Drivers are frequently arrested for a second drunk driving charge in a state other than their home state or the state where they were first arrested. There are several considerations when determining whether they will be convicted of a second DUI and what types of penalties they might face. We had a recent question on our forum asking about this issue and the specific driver in question lives in Alabama but was arrested for a second DUI in Georgia.
How long was the DUI arrest from their previous DUI arrest?
The first issue to consider is how long ago was the prior DUI arrest? Both Georgia and Alabama have a five year look back period which means that when the court decides to sentence the driver they will determine whether the driver has had a previous DUI within the last five years. If they have, then the second DUI will be considered a second drunk driving charge.
Are the states members of the Interstate Licensing Compact?
Forty-six states have united together through the Driver License Compact (DLC) agreement. This agreement is an effort by participating states to maximize their law enforcements efforts. There are four major provisions of this agreement.
- Drivers are required to surrender their out-of-state license when they apply for a new license in a new state.
- Drivers have a completed driver’s license record which is kept in their state of residence to determine their driving privileges in that state and their privileges to operate their motorized vehicle in another state.
- Participating states are required to report all traffic convictions, including license suspension/revocations of out-of-state drivers to their home state licensing agency.
- Violations and penalties for drivers who reside in participating states will result in penalties that equal those which would have been imposed if the penalties were committed in their home state.
Now, an interesting issue with this specific question is that Georgia is not a member of the Interstate Licensing Compact and they may not report the DUI back to the state of Alabama. Unfortunately, if the driver’s home state of Alabama does learn of the DUI arrest they are likely to suspend the driver’s Alabama license.
How does my blood alcohol content (BAC) affect the Georgia arrest?
Many drivers also want to know how their BAC or blood alcohol content may affect their chance of getting convicted of a DUI. It is illegal in every state to drive with a blood alcohol content of 0.08% or higher. If the state has a chemical test that proves that the driver’s BAC was above the legal limit they may have a decent case against the driver, unless the DUI lawyer can somehow discredit the testing process or procedures.
If the driver’s BAC was below the legal limit it may still be possible to convict the driver of DUI, especially if the officer has additional evidence that they were driving under the influence and could not safely operate their motorized vehicle.
Hiring a DUI lawyer
If you have been arrested more than one time you could be facing severe DUI penalties and fines. Talk to a DUI lawyer to determine your options for defending your DUI.
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