What States Don't Count Out-Of-State DUIs? (Feb 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.

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.

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!