You Might Be Extradited For A DUI In Some Cases

Law Blog

A DUI is handled differently in each state. However, even if you are charged with a DUI in one state, that doesn't necessarily mean that you will be able to leave to another state and escape extradition. 

Will You Be Extradited?

Extradition can be an expensive process. As a result, most states will not pursue extradition unless you have been charged with a felony DUI. The majority of DUI cases are misdemeanors. However, some DUI cases are charged as felonies and you may be extradited as a result. 

You are more likely to be charged with a felony DUI if you have been charged with a misdemeanor DUI in the past. In many states, if your last DUI was a felony, your new DUI will also be a felony. 

Will You Face Other Issues Related to My DUI?

Even if you are not extradited, your driver's license will likely be suspended. Then, if you are pulled over in another state, you may be pulled over for driving without a license. If this occurs, you will face other charges as a result.

In many states, license suspension is automatic and will go into effect even if your DUI charges are dismissed. Therefore, you will want to speak to a DUI defense lawyer about the best way to prevent your license from being suspended. For example, in California, you are allowed to request a hearing to prevent your license from being suspended.

What If You Fail to Appear in Court?

You must appear in court to face a DUI charge. Otherwise, a bench warrant will be issued for your arrest and any police officer in any state would then be able to arrest you. However, a DUI defense lawyer can assist you in fighting your charges.

Oftentimes, a DUI defense lawyer will fight a DUI charge by calling into question how the field sobriety test was performed. If the officer does not follow the predetermined procedure for a field sobriety test, the evidence may then be suppressed. If the officer does not have evidence, the prosecutor may not be able to convict you of a DUI.

For example, a field sobriety test requires that the suspect perform the test in reasonable footwear and that the suspect not perform the test in inclement weather. There are other ways to determine if you were under the influence, but each of these has flaws that a DUI defense lawyer can challenge. To learn more, contact a DUI lawyer


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