What happens if I get a DUI out of state?

Out of state DUIs can be very confusing. If you’re visiting the State of Nevada or if you have gotten a DUI in Nevada but live in another state, here’s what you need to know.


What penalties do out of state drivers face for a DUI in Nevada?

A driver who is out of state and gets a DUI in Nevada will be subject to the same penalties as a Nevada resident. This can mean jail time, fines, classes, and revocation of their driver’s license. Often, the Driver’s License Compact that unites the state DMV offices results in the driver’s license of an out of state driver is revoked in their home state.


What is the Driver’s License Compact?

The Driver’s License Compact is an interstate compact, connecting most of the States of the United States, allowing them to exchange information regarding driver’s license suspensions of non-residents as well as traffic violations. They then forward them to the home state of the individual (where the license was issued). This allows for a single record for each individual driver, regardless of where they are cited for traffic violations or DUIs. The only states that are not members of the Driver’s License Compact are Wisconsin, Tennessee, Michigan, Massachusetts, and Georgia.


Do you need an attorney if you get a DUI while visiting Nevada?

While it is not legally required to have an attorney, there are certain advantages to having private counsel – and some serious disadvantages to foregoing it.

  • The defendant will be required to personally appear for all court dates, which usually means traveling from their home state and missing work, not to mention the financial impact this can cause.
  • Defendants who do not have legal representation for their DUI have a much lower chance of getting a favorable outcome than those who choose to retain counsel.
  • The average layperson simply does not have the education and experience to effectively develop and present a defense strategy for a DUI case. An experienced DUI attorney knows what will give them the best chances of reducing the charges or dismissing them altogether.


Do you have to come back to Nevada to hire an attorney?

You do not have to return to Nevada to hire an attorney for your DUI case. ATAC Law attorneys offer free phone consultations for out of state individuals who have been arrested for DUI. Once the retainer agreement has been signed and returned to our office, our lawyers to get to work on your case.


Do you have to come back to Nevada to appear in court?

If you have a DUI defense attorney, you typically do not have to return to Nevada for your court dates. Your attorney can usually appear in court for you if you have a misdemeanor DUI case.

If the case is a felony DUI, the defendant may still be able to have their attorney appear for them, but it is at the judge’s discretion as well as the circumstances of the case. Third time DUIs and DUIs that cause death or injury are all classified as felonies.


What will happen to your out of state license if you get a DUI while visiting Nevada?

If your home state is part of the Driver’s License Compact, your license will likely be revoked or suspended. In other words, you are likely to receive the same penalty you would have received had you gotten a DUI in your home state.

The state of Nevada does not have the jurisdiction to revoke or suspend a driver’s license that was issued by another state, but it can suspend the DUI defendant’s driving privileges in Nevada. However, the Nevada DMV will notify your home state of the DUI offense and arrest.


Will a Nevada DUI count as a prior in your home state?

It is likely that your Nevada DUI will count as a prior in your home state. While each state has it’s own laws for DUI, it is recommended that you talk to an attorney in your home state to find out how your Nevada DUI will affect your record in the state where you reside.


What happens if you live outside of the United States and get a DUI in Nevada?

Most of the time international tourists who have a Nevada DUI don’t have to come back to the United States for court dates provided they have a Nevada attorney. All matters can be conducted via email, phone calls, and courier such as Fed-Ex. It is also recommended that international defendants consult with a local attorney to find out how their Nevada DUI will affect them at home.



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