In Phoenix, AZ, attorney James Novak helps clients maintain driving privileges and minimize the damage done by a DUI (driving under the influence) arrest. A DUI defense attorney helps by doing more than just defending the criminal charges. There are also a host of administrative issues that need to be handled when a DU arrest is made. An often overlooked topic is what to do when relocating to a new state after DUI. In the moments immediately after a DUI arrest, moving out of state may be the last thing on your mind, but life has a way of changing and relocating can become a necessity for family or for a new job. If you have had a prior DUI and need to move to a new state, knowing what to expect when switching over your driver’s license or changing insurance providers is helpful.
Looking at the Status of Your DUI Case
Moving to a new state with a DUI brings up questions about how to complete your case or what to do about getting a driver’s license once you are settled. The answers to these questions can depend on the stage of your DUI case, and what steps are still left to be completed.
If you have appeared in Court for the initial hearing and made an agreement with the prosecution, you may be under a term of probation. While this stage may feel like the case is over because you may not be required to return to Court, there are still critical pieces of the puzzle to complete. In order to receive the benefit of the bargain you made when entering probation, you will have to finish out your probationary term. In most instances, this means staying out of trouble and not receiving any new tickets or arrests. This includes tickets or arrests in another state, which can be reported to the state where the DUI was given. If one of the terms of your probation limits your ability to move, then relocating may not be an option until it is finished.
If you have not yet appeared in Court you may be permitted to move out of state, but might have to return for a hearing. The Court will maintain jurisdiction of the case, and has the ultimate decision making authority in how the case is finally decided.
Are the Charges Still on Your Record?
Many first-time DUI offenders opt to resolve the case against them by agreeing to a term of probation. At the end of the term, if all of the probationary requirements have been met, the prosecution typically agrees to a reduced charge. In some circumstances, it is possible to have the charges removed from your record after successfully completing probation and this can be beneficial if you plan to apply for certain licenses or relocate. Certain types of licenses or even rental agreements become unavailable for persons with criminal records, but if you expunge the record the charge is no longer visible. An expungement can help you when applying for a job that requires no prior record, and can also help you when applying for a driver’s license in a new state. If the charges you seek to expunge are traffic-related, it is best to have them cleared from your record so harmful data is not noted on your driving history. A clean driving record is key not only to favorable insurance rates, but also to the ability to obtain a license. If you plan to move out of state and have had a DUI in the past, it is a good idea to talk over your options with a knowledgeable DUI defense attorney.
Where to Turn for Help with DUI Matters
If you have been arrested for DUI, call the Law Offices of James E. Novak, P.C. We have experience helping people charged with DUI in maintaining driving privileges and minimizing the damage done by an arrest. Contact us online to learn more about your options.