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Does a DUI penalties transfer from state to state?

Panama City, FL |

i was in Panama City Beach on spring break and got pulled over picking my friend up from a club and still had alcohol in my system and received a DUI. I'm from Minnesota and i've heard that some states don't transfer the DUI over and i wouldn't lose my license is that true?

Attorney Answers 5

Posted

Florida, like most other states in the country, is part of the Drivers License Compact. Under this compact, all member states must communicate any traffic violation or DUI conviction to the National Driver Register, a national database of violation records. Therefore, if you are Florida resident and you are found guilty of a DUI in another state, Florida will be notified of the DUI conviction through the National Driver Register and may impose penalties in addition to those enforced by the state that arrested you. Conversely, if you are convicted of a DUI in Florida and you are a resident of another state, Florida will notify your home state through the National Driver Register of your DUI conviction. Under this scenario, both Florida and your home state may enforce penalties for your DUI conviction in Florida. In essence, the DLC acts to notify state governments of DUI convictions and allows all states with jurisdiction to separately punish the driver for a DUI conviction.

*If you find this answer helpful please select it as either, "helpful" or "best" answer. Thank you! I hope this helps. **This response is not intended to provide legal advice, nor is it intended to be a solicitation for legal advice. NO reader should consider the information contained herein to be an invitation for creation of an attorney-client relationship, and you should not rely on information provided. The information provided is for general information purposes only, this response should NOT be taken as legal advice for any individual case or situation. If you have a legal question, you should seek the advice of a licensed attorney in your state.

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Posted

You can look up the interstate compact and see if Minnesota is a member. You need to resolve your DUI and not blow it off.

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Posted

You need to address your DUI instead of trying to find ways around it. Minnesota is part of the Interstate Compact and will suspend your license.

I only practice in the areas of personal injury, federal civil rights, and criminal law. I will not respond to inquiries about legal representation in other areas of law, so please do not call me about matters outside my areas of practice. Furthermore, my answers on Avvo do not create an attorney-client relationship. Avvo is not designed for the type of legal analysis I personally require to accept a case. You should always seek a consultation with a licensed attorney who practices in the specific area of law who can fully review the facts of your case.

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Posted

If you have not received notice from the state of Minnesota that your license there is suspended, than they may not transfer the suspension. The only way to find out is to ask the clerk of court for a copy of your driving record, as long as it is eight weeks or more after the conviction in Florida. This allows Florida to notify Minnesota.
Just because they do not suspend you in Minnesota does not mean they have not sent the conviction to your state.
Most likely, they will.

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Posted

National Driver Registry (the NDR) and Federal law, 23 CFR 1327.5(b)(1)

They (any state) will eventually find out about any outstanding traffic offenses in any other state, upon either your application for a driver's license or your renewal of a driver's license.

How it works:

When a person renews or applies for a driver's license in a state the MVA must check to see if the name is on the NDR Problem Driver Pointer System (PDPS) (as required by federal law--see 23 CFR 1327.5(b)(1)

All Motor Vehicle Associations must check you under Federal Law 23 CFR 1327.5(b)(1).

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c...

The NDR is a Repository for the Government.

A repository is a storage place. It holds records. The state DMVs then deposit in this federal repository. Very simple, if you get a DUI/DWI/DWAI then your state DMV will report it to the federal repository.
Convicted of either a serious traffic offense (could be criminal or non criminal) OR a DWAI/DWI/DUI (could be criminal or non criminal) then it will be reported (deposited) into the National (Federal) database.

Under Federal law the state agency (DMV) also called the SOR "State of Record" that issues any license suspension, revocation, or license denial must report to the NDR within 31 days of the date they receive the Court conviction.

Convictions Don't Have to Be Criminal

Do not confuse conviction with anything criminal. You can be convicted of a criminal or non-criminal offense. Anything (any conviction) that effects a license is reported. In the world of licenses this is merely word play.

Any state that records that you have outstanding action or lack of compliance with a state/Court mandate:

such as: payment of fees, surcharges, assessments, failure to install an ignition interlock device, failure to complete drug/alcohol assessment/evaluation, or program can place a hold on your license privileges in that state which will then affect your ability to drive (have privileges) any other state

If You are unsure of where (what state) or what (type of hold) is holding you back from either getting or renewing a driver's license:

You Can Get Your NDR Record for FREE

1. Notarized letter requesting NDR file
2. send to

National Driver Registry
1200 New Jersey Avenue, S.E.
Washington, D.C. 20590

3. Full Legal Name, DOB, height, weight, eye color, driver's license number and state (SS is optional)

If you find an issue, you have to take it up with the state of record (SOR) NOT the NDR, remember the NDR is merely the repository.

Any change to the NDR must take place after your state DMV contacts them and fixes it.

Lawrence (Larry) Newman, D.C., J.D. Attorney at Law Doctor of Chiropractic Licensed in NY, PA, NJ, & FL http://www.ithacainjurylawyer.com http://www.ithacadwi.com The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Dr. Newman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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