If I hold a valid driver’s license and received an OUI in another state, what are the steps I should be taking to resolve this?

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If I hold a valid driver’s license and received an OUI in another state, what are the steps I should be taking to resolve this?

Do I need to get a lawyer? It is my first offense for any traffic violation.

Asked on April 30, 2015 under Criminal Law, Minnesota

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Because of all of the social and lobby groups bombarding state legislatures, offenses related to drinking and driving have increased, along with all of the potential consequences.

Because you are a first time offender, you will more than likely get a lighter sentence of some type of probation than an offender with a longer history.  However, even for a first time offender, the consequences can be difficult for this type of offense.  It can result in a DL suspension in your home state.  It can result in an increase in your insurance rates.  Some types of professions can be impacted by an intoxication offense. Because there are many potential consequences, at least consult with an attorney to go over all of your options and consequences.  Things you want to review include:

  • How strong is the case against you.
  • Are there any options for lesser included offers in this jurisdiction.
  • What are the consequences for your profession, if you enter a plea bargain or if you are found guilty.
  • How long will your driver's license be suspended in either state.

Review your case with more than one attorney in the jurisdiction where your case is pending so that you get a feel for what to expect in the court that will be handling your case.  You can probably arrange for a phone consultation since you are out of state.  You will also want to visit with at least one criminal defense attorney in your state so that you can learn what the effect a conviction will have on your life in your home state.  From there, you can make an informed decision, including whether you need to hire an attorney and how you would like to proceed with your case.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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