When a driver has been drinking and sees flashing red lights in the rearview mirror, it can be a time of panic and confusion. Many people who are pulled over and arrested for DUI have some frame of reference because they were convicted of DUI previously in Pennsylvania or another state. Most drivers presume that an old DUI conviction from another state is not relevant if a driver is charged with DUI in Pennsylvania. However, this is an incorrect assumption as prosecutors in Allegheny County and throughout Pennsylvania regularly attempt to use an out of state DUI conviction as a prior DUI offense in a Pennsylvania DUI prosecution.
A prosecutor may be able to use a conviction for DUI from another state as a prior conviction for penalty enhancement if the DUI law of another state is substantially similar to DUI law in Pennsylvania. If this requirement is met, the prosecutor may be able to use the prior out of state DUI conviction to enhance your charges and penalties in a current DUI prosecution.
Additionally, If you are currently an out of state resident who received a DUI in Pennsylvania, a Pennsylvania DUI conviction may still impact your driving privileges in the state where you live. Pennsylvania does not have a separate administrative process like many states that handles driver’s license suspensions in Pennsylvania DUI cases. However, your driver’s license may be suspended as part of your punishment if you are convicted of DUI in Pennsylvania. Pennsylvania will also inform your home state if you are convicted of DUI within this state.
The consequences of a Pennsylvania DUI on your driver’s license in your home state will depend on whether your home state is a participant in the Interstate Driver’s License Compact. This is an agreement between all states to share information on DUI convictions with the exception of Georgia, Massachusetts, Michigan, Tennessee and Wisconsin. However, these states will also suspend your driver’s license if they learn of your DUI conviction.
The bottom line is that whether you live in Pennsylvania or another state and receive a DUI here or a different home state you may face severe penalties for a DUI conviction. In a Pennsylvania DUI case, the State will likely look to use an out of state DUI conviction for penalty enhancement. If the prosecutor is successful, you may be facing a 2nd DUI conviction. If you have had even one prior DUI conviction in Pennsylvania in addition to the out of state conviction you could even be facing felony DUI charges. If you are an out of state driver who has been charged with DUI in Pennsylvania, you will need an attorney who is knowledgeable and experienced in representing clients charged under Pennsylvania DUI law.
Any DUI case that involves multiple states is potentially complicated so it is important to have an experienced Pennsylvania DUI attorney. Attorney Michael V. Worgul has represented hundreds of people charged with serious criminal offenses in Pittsburgh, Allegheny County and throughout Pennsylvania. While DUI charges are certainly reason for concern, there are many viable defenses. Our knowledgeable team offers a free initial case evaluation so that we can advise you regarding your rights and options so contact us toll free at 1-855-DUI-CRIM or 1-412-475-9217.
