If you’re either facing DUI charges or have already been convicted you’re probably overwhelmed by just how much of your life that can affect. Due to jail time it can affect your freedom, due to fines it can affect your finances, due to license suspensions it can affect your mobility and possibly even your employment. Did you know it can also affect your chances of moving to another state?
Now, though, you’re probably wondering, “How could it possibly affect my choice to move to a different state?” As an American citizen, you probably assume that you have the free right to move from state to state at will. In most cases that is very true. But there are exceptions. These exceptions are due to the Interstate Compact for Adult Offender Supervision (ICAOS).
This is an agreement between the states over how certain citizens are allowed to move. If you have been convicted of a felony you are expected to comply with this agreement. It was designed to make sure that people under probation would still be supervised when they moved to the new state. As of about 10 years if you are convicted of a second or higher DUI you are also expected to comply with this agreement and non-compliance is viewed just as strongly as any other probation violation so it is in your interests to make sure you are in compliance. If you do want to move to another state it makes sense to consult with a DUI defense attorney to make sure you progress in compliance to the ICAOS.
However, just because this agreement makes it more difficult to move to another state it is not necessarily impossible. You just want to make sure you’re following the right steps and eligibility requirements; again, please consult a DUI defense attorney.
You may at this point be wondering what the requirements are and how you can make sure that you are eligible. First make sure you have complied with the court in all requirements. Make sure you’ve paid your fines, make sure you’ve gotten a drug/alcohol evaluation and have followed all recommended treatments, make sure your vehicle is equipped with an ignition interlock device if you were ordered to do so, and make sure your license and insurance are up to date. Basically make sure your following all your probation requirements. If you need to make sure, and it is recommended, check with your DUI defense attorney. Next, either be a resident already of that state or have a relative that is in the State where you will be living. Lastly, have employment in that state. Please keep in mind that this is simply for relocation. You can still visit states at will so you don’t need to worry about these requirements just to visit a state. But, if you’re planning on relocating, you will need to meet these requirements.
For the purposes of eligibility, “resident” applies to you if you have lived in the state in question for at least a year prior to the DUI, that you intend that state to be your permanent resident and that you have not been living in other states with the exception of time in jail. The “resident family member” can be any person directly related to you and they only will have had to live in the state in question for 180 days or more. But they will have to vouch that they will assist you with a place to stay and will assist you in your court ordered supervision.
After you make sure you meet the eligibility you will want to apply for the transfer to another state under ICAOS with your probation department. As you can imagine, they can accept in which case you’re free to go. But they can also reject. You don’t have to give up – you can bring the decision to a judge for review. In both cases you will want the assistance of a Seattle Tacoma DUI defense attorney.
They can make sure you’re in compliance and eligible. Plus they can counsel you as to how to proceed and they can help with the review if necessary.
Please call the law office of Smith & White, PLLC – the first consult is free.