Applying for a license after DUI

[Taper420]

What is the name of your state (only U.S. law)? None specifically, really.

This is just a curiosity of mine...

If you've had your license suspended/revoked/etc due to a DUI and you clear that suspension and are again licensed to drive in your respective state and you move, and answer yes to the question about suspensions, can the state in which you are applying deny the application for a license of that state? Can the new state make you do anything (interlock, SR22, classes) all over again?

No, I'm not moving. No, my privileges are not revoked. No, I did not just receive a DUI nor am I trying to get around a suspension. JUST a curiosity.

 

[Isis1]

What is the name of your state (only U.S. law)? None specifically, really.

This is just a curiosity of mine...

If you've had your license suspended/revoked/etc due to a DUI and you clear that suspension and are again licensed to drive in your respective state and you move, and answer yes to the question about suspensions, can the state in which you are applying deny the application for a license of that state? Can the new state make you do anything (interlock, SR22, classes) all over again?

No, I'm not moving. No, my privileges are not revoked. No, I did not just receive a DUI nor am I trying to get around a suspension. JUST a curiosity.

i'm thinking that would be double jeopardy, you already served for the crime.

 

[Taper420]

i'm thinking that would be double jeopardy, you already served for the crime.

Seems that way, but as we know, the DMV is basically only accountable to themselves.

 

[CourtClerk]

i'm thinking that would be double jeopardy, you already served for the crime.

Double jeopardy applies to the LAW... the DMV is an administrative agency. They have their own rules/regulations which is why in most states, although the court decides not to suspend your license for whatever reason, the DMV still can.

 

[MikeKV]

Double jeopardy applies to the LAW... the DMV is an administrative agency. They have their own rules/regulations which is why in most states, although the court decides not to suspend your license for whatever reason, the DMV still can.

This post reminds me of an old logic class.

a=b
b=c
Therefore a=c

With that said, I always thought the DMV, any DMV, is obligated to follow the law? a<>c?

 

[BigMistakeFl]

You need to think of the DUI as having to distinct sides. The court will prosecute you for the crime, whether misdemeanor or felony. That's one side. The DMV will follow their own set of procedures by their book. That's the other side.

If the court case is dismissed or your prevail on the criminal side, the DMV will most likely comply. If you should prevail in a DMV hearing regarding suspension, that will not necissarily have any effect on the court side.

 

[Taper420]

Think of it this way:

Suspension is cleared, time is served, fines are paid, all hoops are jumped through. Privilege is reinstated in State A

Person moves to State B some years down the road and answers yes to "the question". What does State B do?

 

[BigMistakeFl]

State B checks to see that any suspensions, restrictions, etc have been lifted and all penalties completed. Finding no DMV suspensions still in place, and finding no remaining violations and no warrants for arrest, State B should grant license.

(They perform this sort of background check even if there was never a State A or a DUI)

 

[Taper420]

Ahhh there's that magic word, "should"! Can said state force you to carry SR-22 insurance if you weren't required to carry it previously?

 

[BigMistakeFl]

You need to carry SR22 in the new state if you are still required to carry it in the old state. Yeah, there are some variables depending on the state. But if you have met the filing requirements in the state from which you moved and in which you received the DUI (or were stopped and did not have liability insurance at all), you won't be required to carry it in the new state. But check with your insurance agent to be on the safe side.

Delaware, Kentucky, Minnesota, New Mexico, Oklahoma and Pennsylvania don't require SR-22s, but if you have an SR-22 and then move to one of these states, you must continue to meet the requirements of the SR-22 state where the offense was committed.

If you have an SR-22 in Texas and then move to Delaware for example, you'll need to continue filing an SR-22 with Texas until you've met the three-year probationary period for Texas. Even though you've got a Delaware policy, you can file an SR-22 for Texas until the probationary period expires.

SR-22 is similar from state to state, you always should check with your insurance company or agent to verify SR-22 specifics for your state to be on the safe side.