With popular destinations like Mackinac Island and Detroit’s Greektown, Michigan is a popular tourist destination, and the state enforces its driving under the influence (DUI) laws for all drivers, meaning anyone who lives outside of the state is expected to go through the same criminal court process as Michiganders. If you were visiting and pulled over and then arrested for a DUI while here, in Michigan (the actual term is “Operating While Intoxicated,” or”OWI” for short), you should understand how these offenses work for those who live out-of-state.
How DUI Convictions in One State Affect Licenses in Others
To be sure, not everyone who gets pulled over in the Great Lakes State is from here. Plenty of who come here, whether as a tourist, or to see family, or friends, or for work, end up getting a DUI while visiting Michigan.
Michigan has over 7.2 million licensed drivers and sees around 30 million visitors a year. Many drivers mistakenly believe that an out-of-state DUI won’t affect them once they return home, but this is far from the truth. Interstate agreements allow states to share DUI convictions, which means a DUI from one state will follow you back to your home state and impact your driving privileges, insurance rates, and criminal record.
How a Michigan DUI Affects Out-of-State Drivers
Michigan takes DUIs seriously. There were 8,817 alcohol-involved crashes in Michigan in 2023. Under the law, getting a DUI here will face the same potential penalties, regardless of where their home state is, including:
- License suspension in your home state,
- Increased insurance premiums once the conviction is reported,
- Any mandatory alcohol education or treatment programs required here, and by your state,
- Employment consequences, especially if you hold a CDL or drive for work,
- Possible jail time to be served in Michigan, and
- Fines and orders to complete community service and even probation (albeit non-reporting).
Michigan courts don’t have the authority to suspend an out-of-state license, but they can suspend your right to drive in Michigan. Of course, a DUI conviction will be reported, meaning your home state may impose its own penalties. If you ignore the charge or fail to comply with court orders, Michigan will issue a warrant for your arrest.
Interstate Compacts and Out-of-State DUI Cases
Michigan participates in interstate agreements that allow states to share DUI conviction records, and warrants are often entered into the National Crime Information Center (NCIC), which all US law enforcement agencies can access.
If someone from out of state moves here following a DUI conviction, their insurance rates likely go up in the new state as well. Reports about suspended driver’s licenses are similarly shared among all the states. Any outstanding warrants tied to a DUI case would also be communicated to other states through these interstate agreements. This means that ignoring an order to appear in court in Michigan will lead to a warrant being issued for your arrest.
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After that, being pulled over in a state could lead to your arrest and extradition to a jail in Michigan. Flying could also become problematic if you have an active arrest warrant.
These agreements ensure that drivers are held accountable following a DUI, regardless of the DUI occured and where they live, move or otherwise try to get to.
For anyone charged with a DUI in Michigan, the safest bet is to hire a Michigan DUI lawyer in this state who can represent you so that you can avoid these and all the other potential consequences. An attorney who is based in Michigan can take steps to expedite your case, or they can fight the charges, depending on your goals and the facts of the case.
Always remember, the goal in every DUI case is to either get out of it completely, or, if the evidence is strong enough to prevent that, to then avoid as many of the legal penalties and negative consequences as possible.
Ultimately, success in a DUI case is best measured by what does NOT happen to you.
FAQs
Michigan enforces DUI penalties for out-of-state offenses under the Interstate Driver’s License Compact. The person’s home state will also take it’s own action(s) relative to his or her driver’s license.
If another state reports a DUI conviction for a Michigan resident, Michigan will apply it’s license penalties, including suspension or revocation of driving privileges. Drivers returning to Michigan will need to meet reinstatement or driver’s license restoration requirements before regaining full driving privileges.
Consulting an experienced Michigan lawyer can help you navigate the legal consequences of an out-of-state DUI.
Yes, Michigan participates in the Interstate Driver’s License Compact, meaning it shares DUI convictions with most other states. If a driver is convicted of DUI elsewhere, Michigan will enforce comparable penalties, including a license suspension or revocation and points on their record.
Yes, an out-of-state DUI conviction typically appears on a background check. Employers, insurance companies, and law enforcement agencies can access driving records and criminal history reports across state lines. The severity of the impact depends on the background check type, the reporting jurisdiction, and how long ago the offense occurred. Expungement of a DUI conviction may be an option in some cases.
Dismissing a DUI in Michigan depends on the case details. Legal defenses may include a lack of probable cause, inaccurate breathalyzer results, or procedural errors. Your attorney can challenge the evidence, negotiate a reduced charge, or argue for case dismissal. While dismissal is possible with strong legal grounds, when it is not. the goal is always to avoid as many of the potential legal penalties and negative consequences by reducing the current charge to a lesser offense.
Yes, an out-of-state DUI will impact a Michigan driver’s license. If the offense resulted in a suspension, Michigan may require proof of compliance with the both Michigan’s AND the other state’s penalties before becoming eligible for reinstatement. If the conviction results in Michigan revoking the person’s license, then he or she must wait the required time to file and win a formal driver’s license restoration appeal. Among other things, reinstatement or restoration depends on a person’s driving record, compliance, and rehabilitation efforts.
Schedule Your Michigan Out-of-State DUI Consultation Today
Being charged with a DUI in Michigan while residing in another state can suspend or restrict your driving privileges and legal standing in both jurisdictions. Michigan takes DUI offenses seriously, and failing to make important court appearances could lead to a bench warrant that complicates your life in your home state.
If you are a Michigan resident and get a DUI out of state, you face that state’s criminal and driver’s license penalties, plus additional license sanctions here.
At Jeffrey Randa and Associates, we have over 35 years of experience assisting out-of-state drivers with Michigan DUI laws. We know what to do to protect you from the consequences you are facing. Our goal is always to keep the legal fallout to a minimum so you can get through this unscathed. Contact our office today for a free consultation done over the phone – right when you call!
We are very friendly people who will be glad to answer your questions and explain things. We can be reached by phone, Monday through Friday, from 8:30 AM until 5:00 PM, or anytime using the contact form.
