When visiting another state or county, you are under that county or state’s jurisdiction. While DWI and DUI charges are similar throughout the US and all states abide by the rule that if you are caught intoxicated with a BAC of at least .08 percent, then you will face DUI charges. What happens if you are charged with a DUI in a different state or county? Do you have to fulfil your sentence away from home? Here is what you need to know.
How the Criminal Process Works
Unfortunately, if you are from another state or county, you will have to go through the criminal court process in the county of the charges. In some cases, you will have to return to the county for your court date. Once the criminal proceedings are finished, however, you may be able to fulfil your sentence elsewhere. If you do need to travel back home, you will want to speak with the court. The court may impose strict rules about travel. You may have to seek specific permissions for you to return to your home state during the trial process or even when the court proceedings are finished.
How to Fulfill Your Sentence in Another County
If you want to serve your sentence elsewhere, you have to finish the court proceedings first. Then, you can ask the court for permission to complete your sentence somewhere else. Most of the time with a DUI, you will have to deal with a probation sentence. In order to transfer your sentence to another county, that county has to offer the same sentence. You have to be able to complete your probation in that county.
In addition, it has to offer the same drug monitoring, alcohol counseling, or community service that you were sentenced to in the other county. Then, it will have to verify that you successfully completed your probation.
If you are from another state or county and you were charged with a DUI or DWI away from home, then you need to make sure to let the court know. You should always speak with a DWI lawyer from the beginning, especially if you have a different state or county of residency. He or she will be able to lay down your options for you. After you are charged with a DUI, it is going to be stressful. It helps to have an advocate in your corner. Consult with an attorney, like a criminal defense attorney from The Morales Law Firm, today to find out more about your options.