DiCindio Law LLC | October 22, 2021 | DUI
Some people in Pennsylvania are charged with DUIs when they are visiting other states. If you have been convicted of a DUI in another state, you might wonder how it might affect you in Pennsylvania.
Each state has its own DUI laws. When you get a DUI in some states, your license might be suspended, and you could face jail time and other penalties. In many states, your license will automatically be suspended if you refuse chemical testing.
While you might think that your out-of-state DUI won’t affect your license in Pennsylvania, you should understand how states share information and how that information-sharing could impact your license in the Commonwealth.
It is also important to understand how the courts in Pennsylvania might treat an out-of-state DUI conviction if you are charged with a new DUI case in Pennsylvania. A Chester County PA DUI lawyer at DiCindio Law can help you understand the impacts of a DUI conviction from another state.
Understanding The Driver License Compact
Forty-five states and the District of Columbia have signed an agreement called the Driver License Compact. Pennsylvania is a member of this agreement.
Only five states do not participate, including the following:
The Driver License Compact was established so that states could exchange information about traffic violations and license suspensions for out-of-state residents.
As one of the 46 members of the compact, Pennsylvania recognizes out-of-state DUI convictions and driver’s license suspensions. If your license is suspended by the state where you received your DUI, Pennsylvania will recognize the suspension.
You will have to complete the requirements of your conviction in the other state before you can reinstate your license in Pennsylvania.
If you are convicted of any of the following offenses in another state, Pennsylvania will treat your conviction as if it had occurred in Pennsylvania for license purposes:
- Vehicular manslaughter/negligent homicide by vehicle
- Hit-and-run following an injury or fatality
- Dangerous drug offenses involving vehicles
Some people believe that if they lose their licenses in one state, they can simply go to a different state to get a new license. However, if you move to a DLC-member state, you will not be able to get a new license if your license is suspended in Pennsylvania without first taking care of your suspension.
How Will Pennsylvania Treat An Out-of-State DUI Conviction?
If you have a conviction for a DUI from another state, how it will be treated will depend on how long ago it occurred and if you are charged with a new DUI in Pennsylvania.
There is a 10-year lookback period for DUIs in Pennsylvania. If your out-of-state conviction was from more than 10 years ago and you are charged with a new DUI, your new DUI will be treated as a first offense as long as you haven’t had any other convictions in the last 10 years.
However, if your out-of-state DUI conviction happened within the past 10 years, and you are charged with a new DUI in Pennsylvania, your new DUI case will be treated as a second offense.
Depending on your blood alcohol content at the time of your arrest, the penalties for a second-offense DUI can be severe. Pennsylvania bases its DUI penalties on both the BAC level and the number of prior offenses.
If you are convicted of a second DUI in Pennsylvania with an out-of-state conviction within the past 10 years, your license will be suspended for 12 or 18 months, depending on your BAC level.
If you have an out-of-state DUI conviction and another DUI conviction in Pennsylvania that both occurred within the last 10 years, you could be charged with a felony for a third conviction if your BAC is 0.16% or higher for your third DUI.
What Administrative Penalties Are There For Out-of-State DUIs?
If you are convicted of an out-of-state DUI, you will not go through a separate administrative process in Pennsylvania for your license. However, the state will recognize an out-of-state suspension and require you to complete it before your license can be reinstated in Pennsylvania.
Are You Eligible For ARD For A Second DUI In Pennsylvania With An Out-of-State DUI?
If you are charged with a second DUI when you have an out-of-state DUI conviction on your record, you may or may not be approved for the accelerated rehabilitative disposition program.
This program is generally available to first-time offenders who do not have any other criminal records. Completing ARD successfully allows you to avoid a criminal conviction.
If your out-of-state DUI conviction happened within the last 10 years, you will likely be denied for ARD. However, if it is older than 10 years, and your BAC was less than 0.10%, you might be eligible for the ARD program to lessen the impact of a conviction.
Get Help From A Chester County DUI Lawyer
Getting a DUI in any state is a serious matter. If you are convicted of a DUI in a different state, your license could be impacted in Pennsylvania. An out-of-state conviction for a DUI within the past 10 years can also substantially impact the penalties you might face in Pennsylvania for a second or subsequent DUI offense in the Commonwealth.
If you are currently facing charges for a DUI in Chester County, you should look for a local DUI attorney who is experienced in defending against drugged or drunk driving charges.
An experienced criminal defense lawyer can carefully analyze the facts of your current DUI case and explain the potential impact a prior out-of-state conviction might have on your case.
Contact Our DUI Law Firm in West Chester, PA
If you are facing criminal charges and need legal help, contact the West Chester, PA DUI lawyers at DiCindioLaw, LLC to schedule a free initial consultation.
DiCindio Law, LLC
29 S Walnut St
West Chester, PA 19382
***This blog article is made available by the law firm publisher for educational purposes and to provide general information, not to provide specific legal advice. By reading, you understand that there is no attorney client relationship between you and the publisher. The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments. These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. Please contact DiCindio Law, LLC for a consultation and to discuss what law is relevant to your case. ***