Out of State Resident Charged with Arizona DUI
This is the time of year in Arizona that winter visitors and snow birds flock to the valley for warm weather and recreation. Unfortunately every year, winter visitors are arrested and charged with driving under the influence or DUI. If you are convicted of a DUI in Arizona but hold a license in another state, Arizona will report to the National Driver Register (NDR). The (NDR) is a privately owned and operated computerized database and contains information about drivers who have had their license revoked, suspended or have been convicted of a serious traffic offense such as a DUI.
All states use this database. Each state checks this database before issuing a new driver’s license. If you are revoked in any state, the State in which you are applying for a driver’s license will reject your application. All United States motor vehicle departments provide NDR with the names and identifying information for drivers who have lost their driving privileges or have been convicted of a serious traffic offense. The website for the National Driver Register is www.nationaldriverregister.com.
For example, if you live in another State and while vacationing in Arizona, were charged and convicted of a DUI, Arizona will send notice to the NDR of the conviction. Upon notification of the conviction, the motor vehicle Department of your home State will take action. The action taken will depend on the laws of your particular state.
Arizona law provides that any act in another jurisdiction that if committed in Arizona would be a violation of Arizona DUI laws and the punishment would reflect that any act in another jurisdiction that if committed in this State would be a violation of Arizona DUI laws and the punishment would be just like you had a DUI in Arizona. The implications are staggering because of the 84 month effect.
The 84 month effect is that if a person has a DUI conviction from another state within the last (7) years (84 months) and is charged with a DUI in Arizona, the first Arizona charge will be treated as a second Arizona DUI. A second DUI charge brings harsher penalties and a misdemeanor may be increased to a felony offense. Also, if a person has two DUI convictions either in Arizona or in another state, a subsequent Arizona DUI charge within 7 years will be charged as an aggravated DUI which is a felony under Arizona law.
Legal assistance is a must if confronted with the above situation. Many charges are reduced by plea bargains to lesser offenses and a layperson may easily mistake the actual imposed convictions. It is imperative to research the documents from prior DUI convictions in other states as soon as possible because of the significant implications in an Arizona DUI prosecution. Because the consequences of a felony are so harsh, including potential jail sentences, a person should not spare any expense, effort or time investigating the impact of prior out of state convictions on a current Arizona DUI prosecution.
If you or a loved one have been charged with a misdemeanor or felony DUI, it is important to have an experienced DUI attorney on your side. At Oracle Law Group Office, P.C., we have veteran DUI attorneys who will aggressively defend you as well as coach you through this difficult time. Contact us today to schedule a free consultation.