Out-of-State Drunk Driving Conviction

Upon a conviction for a crime, such as DUI, OWI or DWI, resulting in a suspension, most states will report that suspension to the home state pursuant to an agreement between state governments.

Michigan Drunk Driving Attorneys

As Michigan drunk driving attorneys, we regularly get calls from Michigan licensed drivers who are convicted that a DUI in another state will impact their ability to drive in Michigan. Unfortunately, there is a way that Michigan’s Department of State can use an out-of-state OWI conviction to suspend or revoke the driver’s license of a person in Michigan.

Will Michigan find out about an out-of-state drunk driving conviction?

Maybe and maybe not. For Michigan to restrict or suspend your license, the Secretary of State must first learn of the out-of-state drunk driving conviction. The National Driver Registry (NDR) is a database where states report suspensions, but they are not necessarily sent to the home state.

The Non-Resident Violator Compact (NRVC) and the Driver License Compact (DLC) are different because these laws provide for reporting suspensions directly from one state to another.

Suspensions and revocations are reported to the NDR by the state in which it occurs. The home state, however, does not automatically check the registry. Usually, it is only checked if some license action occurs in the home state, such as renewal, suspension, or a violation. If the home state finds the out-of-state licensing action, it will usually honor the suspension or revocation.

Being convicted of a DUI, OWI or DWI

Upon a conviction for a crime, such as DUI, OWI, or DWI, resulting in a suspension, most states will report that suspension to the home state pursuant to authorization under the DLC and the NDR. Unless the licensee clears all suspensions in every state they exist, the home state will not reinstate the license. The home state will know about out-of-state drunk driving convictions, suspensions, and other licensing actions because it will check the NDR when reinstatement is sought.

NRVC is a uniform set of laws to handle state to state issues

The NRVC is a uniform set of laws for handling tickets and failures to appear from state to state. When a person gets a ticket in another state and doesn’t appear, the suspension is reported to the home state under the NVRC and the NDR. The home state then suspends the driver’s license for Failing to Comply FTC) with Judgment or Failure to Appear (FTA) until the other suspension is removed or clears.

The difference is the suspensions, as opposed to a failure to comply, are not automatically reported to the home state. Often you can let an administrative suspension run in the state in which the violation occurred, and the home state’s license remains active. If you can then beat the charge in the state where the violation is pending, the home state will never know there was a problem.

Generally, plan on Michigan finding out about an out-of-state suspension, revocation, or conviction. It’s just a matter of time before Michigan learns of the out-of-state conviction, and once they do, they will impose a corresponding sanction. One possible way to prevent Michigan from imposing a sanction would be to request a hearing or otherwise show that the out-of-state drunk driving law is “not substantially similar” to Michigan’s drunk driving law.

DUI Defense Attorney – Not Afraid to Win!

If you are charged with a DUI, OWI, or drunk driving, please do not hesitate to call LEWIS & DICKSTEIN, P.L.L.C. for a free consultation and confidential case evaluation. We will find a way to help you.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.