Out-of-State DUI and the Driver License Compact
What happens to your home license when you are arrested for DUI in another state.
Quick Answer
A DUI arrest in another state starts a case in that state, and most states share convictions through the Driver License Compact, an agreement under which a state reports convictions to the driver's home state. Under the compact's text, the home state treats a DUI conviction elsewhere as if it happened locally. Because the rules, deadlines, and penalties come from two states, get advice early.
Educational information, not legal advice. This is a general national overview. DUI and DWI laws are set by each state and change often, so details differ where you are. Use the state guides linked below and speak with a licensed attorney in the state where you were stopped or charged.
Two states are involved
The state where you were arrested handles the criminal case and often an administrative action against your privilege to drive there. Your home state, which issued your license, can act on its own license. These are separate processes with separate deadlines, so a missed deadline in either state can cost you.
Where laws vary: the deadline to request an administrative hearing, whether you can handle the case without appearing in person, and how each state treats the conviction are set by state law. Look up the arrest state's guide first; the clock often starts on the day of the arrest.
Sources: Driver License Compact text (Virginia Code 46.2-483)
What the Driver License Compact does
The Driver License Compact is an agreement among participating states. Under Article III of the model text, a state reports convictions of out-of-state drivers to the licensing authority of the driver's home state. Under Article IV, the home state treats certain convictions, including driving under the influence of alcohol or drugs, the same as if they had happened in the home state, and applies its own penalties.
Most states participate, but not every state does, and states differ in how they apply it. Check whether your home state and the arrest state are members.
Sources: Driver License Compact text (Virginia Code 46.2-483)
Other ways records are shared
Federal law also created the National Driver Register, an index that lets states check whether an applicant's license has been withdrawn or suspended elsewhere. Even if a state is not part of the compact, a serious out-of-state record can come up when you renew or apply for a license.
What to do if you are arrested out of state
- Write down the arrest state's agency, the citation or case number, and any paperwork you were handed, including any temporary permit.
- Find the deadline to request an administrative license hearing in the arrest state. Missing it can mean an automatic suspension of your privilege to drive there, which can then be reported to your home state.
- Ask a licensed attorney in the arrest state whether you must appear in person, and whether a plea would be reported to your home state.
- Check your home state's rules for reporting and for reinstatement. Your home state guide can explain what the licensing agency does with an out-of-state DUI.
- If you hold a commercial driver license, additional federal and state rules apply. See the CDL guide.
Sources: Driver License Compact text (Virginia Code 46.2-483) · National Driver Register (49 U.S.C. ch. 303)
Traveling and driving privileges
A suspension in one state can affect your ability to drive in other states, because states share license records through the Driver License Compact and the National Driver Register, and many act on a suspension imposed elsewhere. How a particular state treats an out-of-state suspension differs, so ask your home state's licensing agency. Reinstatement may require meeting the requirements of the state that suspended you, including fees and sometimes education or interlock requirements.
Sources: Driver License Compact text (Virginia Code 46.2-483) · National Driver Register (49 U.S.C. ch. 303)