What if I received a DUI in one state and then moved to another without taking care of it?

If you received a DUI in the state you formerly lived in and did not take care of the violation, there is very likely a warrant for your arrest in your former state based on a “failure to appear in court” violation (known as FTA). Even though you are now living in another state, the state that you got the DUI in will still require that you take necessary steps as ordered by their state’s court. In fact, if you are pulled over in another state, you’ll likely be arrested and, perhaps, extradited to your former state.

The statute of limitations on a DUI, or other violations for that matter, never runs out while you’re across state lines. At some point, either voluntarily or by arrest, you’ll likely have to “face the music,” and by then, the ordeal may prove much more costly, both in terms of money and possible jail time, than it would have been originally. In addition, you may not be allowed out on bail because you have already shown yourself to be a “flight risk,” which means you would be in jail while you await trial. Your sentence on the original crime of DUI or DWI will be enhanced because of the flight to avoid prosecution, as you’ve now committed two crimes.

In this case, your best option is to contact, and retain, a DUI attorney in your former state, tell him or her your story from your new state, and have that attorney try to make a deal or “plea bargain” with the local District Attorney (DA) in your former state. The DA will likely be willing to recommend a less severe punishment for you, in exchange for your voluntary return to that state. The outcome is sure to be better taking this route rather than if you happened to be arrested and forced to come back to face the charges.

Case Studies: Dealing With Out-of-State DUI Charges

Case Study 1: The Unresolved DUI

Michael, a resident of California, was arrested for driving under the influence while visiting his friends in Nevada. Faced with the legal consequences, Michael decided to move back to California without addressing the DUI charge in Nevada.

Unbeknownst to Michael, the DUI charges didn’t go away simply because he returned to California. Nevada issued a warrant for his arrest due to the “failure to appear” violation. Several months later, while driving in California, Michael was pulled over for a minor traffic violation, leading to his arrest when the police discovered the active warrant from Nevada.

Michael faced extradition back to Nevada to face the original DUI charges, making the entire process far more costly and complicated than if he had addressed the issue promptly.

Case Study 2: The Fugitive DUI Offender

Emily was charged with a DUI in her home state of Florida. Feeling overwhelmed and scared, she decided to escape the consequences and moved to Georgia without resolving the legal matter.

Despite her efforts to start anew in Georgia, Emily’s past caught up with her. An encounter with law enforcement in Georgia, even for a minor traffic violation, led to her arrest upon running a background check. Emily’s status as a “flight risk” due to the outstanding DUI charges in Florida meant she was denied bail and held in custody while awaiting extradition back to her home state. This flight to avoid prosecution not only compounded her legal issues but also resulted in an enhanced sentence upon conviction.

Case Study 3: The Responsible Decision

Jennifer, a responsible individual, faced a DUI charge in her former state of Texas. Understanding the seriousness of the matter, Jennifer decided to take proactive steps to resolve the issue even after moving to Colorado.

Jennifer contacted a DUI attorney in Texas and explained her situation. The attorney advised her on the best course of action and worked with the local District Attorney to negotiate a plea bargain. Due to her voluntary return to Texas, the District Attorney agreed to recommend a less severe punishment in exchange for Jennifer’s cooperation. As a result, Jennifer managed to avoid extradition and resolve the DUI charges in Colorado in a more manageable and cost-effective manner.