Because they are neighboring states, Minnesota residents often drive in Wisconsin for either business or pleasure. Therefore, many people assume that a Wisconsin impaired driving incident will not affect their Minnesota driving privileges. However, in most cases, if you are arrested for drunk driving in another state, the consequences of that DUI will follow you home.
How do interstate DWI violations work?
Every 50 minutes, someone in the United States dies in a car crash with an alcohol-impaired driver. Unfortunately, despite public education, the problem persists. It is illegal in all states to operate a motorized vehicle with a BAC or blood alcohol concentration of 0.08% or higher, or if you are impaired and unable to drive safely.
In addition to the laws in each state, many states have an agreement that a DWI arrest in one state may be reported to the driver’s home state. Interstate Drivers License Compact members exchange information concerning license suspensions and traffic violations, such as DWI and vehicular manslaughter, of non-residents. Then they forward this information to the state where the driver’s home state. The compact started in 1961. Most states have joined except for Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin.
Such notifications may trigger penalties in the driver’s home state. Some of these penalties are administrative penalties and may occur even if a driver is not convicted of DWI.
What if the violation occurs in Wisconsin?
Wisconsin uploads all DWI violations into the National Driver Register. This system contains information on persons whose driver’s license has been suspended, revoked, or denied. It also contains data on individuals convicted of significant traffic-related offenses. The database is accessible by law enforcement in Minnesota.
Therefore, if you have a Minnesota driver’s license and incur an Operating While Intoxicated (OWI) in Wisconsin, you will probably face penalties in both states.
Potential consequences of an out-of-state DUI
DUI violations carry a variety of severe penalties. Driving under the influence is a serious criminal offense in most states, but in other states, a first-time offense is a civil infraction. Penalties are also based on many factors, such as driving history. Penalties may include suspension or revocation of the driver’s license, vehicle confiscation, mandatory education or treatment, ignition interlock device, fines, and possibly jail time.
The authorities typically check the National Driver Register when your license is up for renewal. If the register shows an OWI conviction in Wisconsin, the Minnesota DMV may refuse to renew your license.
Financial consequences may include:
- Substantial fines
- Late fees
- Administrative costs
- Increases in car insurance premiums
What if my license has been suspended in my home state?
You may be able to apply for a restricted or limited license, but it depends on the circumstances of your arrest.
If your license has been suspended, getting it back is usually a time-consuming and expensive process, including:
- Receiving a notice of withdrawal from the Minnesota Department of Public Safety
- Appearing in person at the Department of Motor Vehicles to pay fines, show proof of insurance, or take a knowledge test. Not all DMVs offer reinstatement services, so arranging transportation to other offices can be difficult.
- Paying a reinstatement fee. Currently, Minnesota charges a $680 fee for DUI-related reinstatements.
How does a Wisconsin OWI affect any future DUI convictions?
The penalties for second or subsequent DUI convictions are increasingly severe.
In Wisconsin, an OWI first offense is not a criminal offense. However, a second offense is a criminal matter. If you have DUI convictions in both Minnesota and Wisconsin, both count when calculating your number of offenses.
If you have a Minnesota driver’s license and face an OWI charge in Wisconsin, you need experienced, zealous legal representation. For more information or a consultation, call Devore Law Office at 651-435-6500 or contact us online.
Posted 16th February 2022 by DeVore Law Office