What States Don't Count Out-Of-State DUIs? (June 2025)

Do DUIs Carry From State to State?

Each state has licensing laws for drivers and maintains driving records for its residents. Before agreements that allowed for the sharing of conviction information between states, authorities often had no way of knowing if you’d been convicted of a DUI in another state.

This posed a significant safety risk. With no communication between states, someone whose license was suspended or revoked for multiple DUIs could simply move to a new state, get a driver’s license, and remain on the road.

To stop dangerous drivers from using this loophole to remain licensed, the Interstate Driver License Compact (DLC) came into being in 1960. States that have joined the compact agree to share information for several vehicle-related criminal offenses:

• DUI (also called DWI or OWI in some states)
• Vehicular homicide
• Any felony involving a motor vehicle
• Fleeing the scene of an accident involving injury or death

Some states may report additional convictions. In many cases, if your license is suspended or revoked in a different state, that state will inform your home state. Your home state will typically suspend your license as well.

How Do States Use Shared Information?

If you’re prosecuted for a DUI or any other crime, your prior convictions are likely to be factored in when a judge determines your sentence. States that are members of the DLC can use information about prior convictions to ensure they have an accurate picture of your driving record.

For example, imagine you lived in New Mexico for five years and got three DUIs while there. You move to California, and two years later, you are convicted of DUI again.

Under California law, you can be charged with a felony if you get four DUIs in any 10-year period. If New Mexico and California did not share information about DUI convictions, you might be sentenced as a first-time offender. However, because the states share information, California may count your previous DUIs when sentencing you.

If You Get a DUI in Another State, Are You Prosecuted in Your Home State?

When one state notifies another that you have been convicted of a DUI, it’s doing so to ensure your home state can (1) suspend your license and (2) count the conviction for sentencing purposes if you’re arrested and convicted again. You’ll be prosecuted in the state where you got the DUI — not your home state.

For example, if you live in Virginia and are arrested for a DUI in Maryland, you’ll need to go to Maryland for any court appearances. If you’re convicted and your sentence includes jail time, you’ll go to a Maryland jail.

Because the offense happened in another jurisdiction, Virginia will not prosecute you. However, it will likely suspend your driver’s license. If you get a DUI in Virginia later on, your Maryland DUI will be counted as a prior offense.

What Are the States That Don't Count Out-of-State DUIs?

Most states and Washington, D.C., are part of the DLC. However, there are a handful of states that don’t participate, including the following:

• Georgia
• Michigan
• Wisconsin

You might wonder why these states haven’t joined the compact. Michigan isn’t part of the DLC because its DUI laws are different from those in other states. Many people believe that Georgia and Wisconsin aren't part of the compact because they don't want to scare off potential tourists. Still, even in non-DLC states, getting a new license isn't guaranteed - most will review your driving history and can deny your application if your license is suspended elsewhere.

It’s important to note that the fact these states aren’t DLC members now doesn’t mean they’ll never join. Although the compact started in 1960, many states have taken decades to join. For instance, some people mistakenly believe Tennessee isn't part of the DLC, but it’s the compact’s most recent member — it joined in 2020.

Can You Avoid DUI Consequences by Moving to Another State?

What happens when you get a DUI and then move to another state? If you’ve just been arrested for DUI and are facing serious consequences, you might understandably wish you could sidestep those penalties by relocating.

However, moving won’t let you escape DUI consequences, and it may even make your situation worse. In most cases, a DUI is a criminal offense. If you don’t show up for court or don’t comply with court orders, you may be arrested and face additional charges.

What Are the Penalties for Multiple Out-of-State DUIs?

Just like they impose stricter penalties for aggravated DUI and DUIs that result in accidents, most states are harsher on offenders with multiple DUIs. However, if these DUIs are in different states, it’s not always clear how multiple convictions may impact your criminal record.

For example, in New York, getting a second DUI within 10 years of the first is a felony, but in many other states, a second DUI is still a misdemeanor. Whether a particular state counts an out-of-state DUI as a prior offense or not depends on how similar the DUI statutes are.

If you’ve been charged with a second or subsequent DUI in a different state, figuring out the penalties you may be up against can be difficult. The best way to proceed is to consult an experienced criminal defense attorney.

How a DUI Lawyer Can Help With Out-of-State Charges

Moving to a different state after a DUI doesn’t get rid of the criminal charges you’re facing. When you work with a DUI lawyer, you can address the charges directly, and in some cases, you may be able to avoid a conviction. Here’s a quick look at how a skilled lawyer may be able to help:

Explaining Potential Penalties and Options

Your lawyer can analyze the laws of the states where you’ve been arrested for DUI and help you understand the criminal penalties you may be up against.

Defending You From the Charges

Many people make the mistake of thinking that the fact that they’ve been arrested for DUI means they’ll be automatically convicted. However, in some cases, your defense attorney may be able to convincingly argue that you’re not guilty.

For instance, they may be able to show that the breathalyzer used was not properly calibrated or that the police who arrested you violated your rights in some way.

Arguing for Lighter Penalties

Even if you are convicted, your lawyer can still be extremely valuable. Your attorney may be able to convince the court to give you community service and probation instead of jail time, lower the fines you owe, or otherwise lessen the consequences.

Have You Been Arrested?

No one gets behind the wheel expecting to be arrested for drunk driving. If you’ve been arrested for a DUI — either in your home state or somewhere else — the most important thing you can do for yourself is to hire an experienced DUI lawyer.

The right lawyer can help you understand whether arrests in other states will be factored into your sentencing, and they can develop a robust defense strategy for you.

When you hire a defense attorney, you’re investing in your future. But how do you choose the right lawyer for you? ConsumerShield makes it easy. We focus on connecting consumers with local, qualified attorneys who suit their needs. Fill out our form below for a free case review!