If I have a 1st offense DUI 3 years ago in one state and I received a second DUI in another, which state’s civil penalty applies?

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If I have a 1st offense DUI 3 years ago in one state and I received a second DUI in another, which state’s civil penalty applies?

The license suspension periods are different for the 2 states. Will the suspension be handled according to my home state’s DUI laws since they are the “issuing state”?

Asked on April 15, 2012 under Criminal Law, Iowa

Answers:

Richard Southard / Law Office of Richard Southard

Answered 9 years ago | Contributor

The punishment will come from the state where you are charged with the second DUI, including a suspension of your driving privileges in that state.  Your home state might also suspend your license as well if they receive notification about the new DUI.. 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Logically it would be the state in which the second DUI has occurred who has the power to suspend your license.  And generally it is done automatically by the police officer prior to your DMV hearing or DUI hearing.  Get a lawyer.  You need help here.


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