Being arrested for DUI in a state you’re not from can raise several legal questions, especially when it comes to the impact on your driving privileges. If you’re an out-of-state driver arrested for DUI in Georgia, one key question you might have is whether your home state will also suspend your license. The answer to this question is nuanced, depending on several factors, including the state you’re from, whether your home state is part of the Driver’s License Compact (DLC), and how each state handles such matters. In this blog post, we will break down these complexities, providing insights into what can happen to your home-state license after a DUI arrest in Georgia.
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How DUI Arrests Affect Out-of-State Drivers in Georgia 
If you’re arrested for DUI in Georgia as an out-of-state driver, the first thing to understand is that Georgia’s DUI laws apply to everyone driving within the state, regardless of where you’re from. However, whether your home state takes any action on your driving privileges depends on a few legal agreements and state-specific processes.
In some situations, your home state might take reciprocal action. This could mean that if your DUI is reported to them, they may suspend or revoke your driver’s license, even though the offense occurred in another state. To better understand how this works, let’s dive into the two most important legal aspects of DUI arrests: the Driver’s License Compact (DLC) and the National Driver Register (NDR).
Driver’s License Compact (DLC) and Its Role in DUI Cases
The Driver’s License Compact (DLC) is an agreement between 45 states in the U.S. that allows them to share information regarding traffic violations, including DUIs. This compact was created to help states keep track of violations committed by drivers who move or travel between states, preventing individuals from evading penalties simply by crossing state lines.
- How DLC Affects Your License:
If you’re arrested for a DUI in Georgia and your home state is part of the DLC, there is a strong possibility that Georgia will report the violation to your home state. As a result, your home state may take action on your driving privileges, such as suspending or revoking your license. - What Happens to Your License Under the DLC?
Depending on the laws in your home state, the DUI may be treated as though it occurred in that state, and you could face penalties similar to those imposed on drivers convicted within the state. For example, if you’re convicted of DUI in Georgia, but you live in Florida, the Florida DMV may suspend your Florida driver’s license as though the offense happened there. This is true for all compact states.
Greg Willis has been successful at defending DUI cases (over 93.1% without a conviction)
He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments.
Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client
Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country
Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive years
What If My Home State Isn’t in the DLC?
If you’re from a state that is not part of the DLC, the situation can be a bit more complex. While Georgia will still impose penalties on you for your DUI arrest, it is less likely that your home state will take any direct action unless certain conditions are met. Here’s how this typically works:
- Georgia DUI Penalties Remain in Effect:
Regardless of where you’re from, Georgia will still impose penalties like fines, license suspension (in Georgia), and possible jail time. However, without the DLC agreement, your home state won’t automatically know about your DUI unless you notify them or it’s recorded in the National Driver Register (NDR), which tracks more serious violations. - Impact of the National Driver Register (NDR):
The National Driver Register (NDR) is another system used by states to monitor serious offenses like DUIs. If your DUI arrest is reported to the NDR, it can trigger penalties in your home state, even if your state is not part of the DLC. The NDR ensures that out-of-state drivers with serious traffic offenses (like DUIs) are flagged when they attempt to renew their license or register a vehicle in their home state.
What to Expect After a DUI Arrest in Georgia: Your Home State’s Actions
After a DUI arrest in Georgia, it’s important to understand that the consequences you face are not just limited to Georgia. Here’s a breakdown of what might happen in both Georgia and your home state:
- Immediate Impact in Georgia:
- License Suspension: If you’re arrested for DUI in Georgia, your license may be suspended immediately. Georgia’s implied consent laws dictate that refusing to submit to a breathalyzer test or failing it can lead to an automatic suspension of your Georgia driving privileges.
- Court Fees and Fines: You’ll likely face fines, court costs, and mandatory DUI education programs as part of your conviction, if found guilty.
- Possibly Jail Time: Depending on whether it’s your first or subsequent offense, you may face jail time for your DUI.
- Impact on Your Home State’s License:
- State-Specific Penalties: If your home state is part of the DLC, they may suspend your home-state license as if the DUI occurred there. If your state is not in the DLC, they might not take action unless the offense is recorded in the NDR.
- Commercial Driver’s License (CDL) Holders: If you hold a CDL and are arrested for DUI in Georgia, the consequences are even more severe. Federal law requires that any DUI conviction for a CDL holder results in a disqualification from operating commercial vehicles, and this disqualification is recognized across all states, including your home state.
Greg has truly mastered his craft. His preparation is second to none and his confidence helps reduce the nervousness and anxiety his clients face. He is a real life version of Harvey Specter and I highly recommend him.”
- Travis
Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case."
- James Hellens
Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way."
- Anonymous
What You Can Do if Your Home-State License is at Risk
If you’re concerned that your DUI in Georgia could affect your home-state license, here’s what you should do:
- Consult with a Georgia DUI Defense Lawyer:
An experienced DUI lawyer in Georgia will be crucial in helping you understand the potential ramifications of a DUI arrest. They can also work with you to fight the charges or reduce the penalties you might face, which could help minimize the risk of a suspension in your home state. - Contact Your Home-State DMV:
Each state has its own laws regarding how DUI offenses are handled. It’s wise to contact your home state’s Department of Motor Vehicles (DMV) to inquire how they handle out-of-state DUI arrests. This can help you understand what to expect and prepare for potential penalties. - Request a Hearing:
If your home state is taking action against your driver’s license, such as suspension, you may be able to request a hearing. Your attorney can help you navigate this process, ensuring you have the best chance of retaining your driving privileges.
Penalties for DUI in Georgia: What You Need to Know
In Georgia, DUI laws are strict, and the penalties for being arrested or convicted are severe. Here’s an overview of the penalties you might face:
- First Offense:
- 12-month license suspension
- Fines up to $1,000
- 40 hours of community service
- Alcohol or drug counseling
- Second Offense:
- 3-year license suspension
- Fines up to $1,000
- 30 days in jail (with the possibility of house arrest)
- Community service and DUI education
- Third Offense:
- 5-year license suspension
- Fines up to $5,000
- Mandatory DUI education
- 30 days of jail time, with the possibility of more
- Fourth Offense (Felony DUI):
- Permanent license suspension
- Fines and jail time
- Probation
Featured Case Results
Protecting a Professional License After a DUI and Refusal of a Blood Test
Result: DUI Dismissed with No Jail Time and No Loss of License
Challenging Admissibility of a .19 BAC Blood Test and Field Sobriety Evaluation
Result: No Jail Time, No DUI on Record, No License Suspension
Can a Lawyer Help Minimize the Impact on Your Home-State License?
Yes, an experienced DUI defense attorney can significantly help reduce the consequences of a DUI arrest in Georgia. Here’s how:
- Challenge the Evidence:
A lawyer can challenge the evidence in your case, including the results of field sobriety tests or breathalyzer tests. If there’s a lack of evidence, it can result in the charges being reduced or dismissed. - Negotiation with the Prosecutor:
An experienced lawyer can negotiate with the prosecutor to reduce the charges, which could result in lesser penalties. This could also help prevent the DUI from being reported to the DLC or NDR. - Defend Your Driving Privileges:
A skilled attorney can advocate on your behalf to retain your driving privileges, even in the face of a DUI arrest. This may include requesting a restricted license or seeking a plea deal.
If you’ve been arrested for DUI in Georgia as an out-of-state driver, it’s important to act quickly. Understanding how your home state’s laws work and how they may respond to your Georgia DUI arrest will help you take the necessary steps to protect your driving privileges. The best course of action is to consult with a knowledgeable DUI lawyer who can guide you through the process, protect your rights, and help mitigate any consequences.
If you’re concerned about a DUI arrest and how it may affect your home-state license, contact the professionals at Willis Law Firm for a free consultation. We’re here to help you navigate the complexities of DUI law, whether you’re from Georgia or out of state.