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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16802
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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if i get a dui in ky and ky is going to suspend my license

Customer Question

if i get a dui in ky and ky is going to suspend my license for 90 days but i live in ohio and ohio is going to suspend my license for 6 months if i move to ky before i'm sentenced will the 90 day suspension be all i ger.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 years ago.
Hi Jacustomer,

According to the state of Kentucky, if you received a DUI in Kentucky while driving on an out-of-state license, it's the out-of-state penalty that must be served. (See link) I have found nothing to suggest that changing your residency before the sentencing date will make a difference.

While it looks like if you are a Kentucky resident by then, you should be eligible to surrender your Colorado license at the end of the 90 days and, with proof of residency in Kentucky get a Kentucky license, Kentucky will do a background check and will find the suspension, which would have to be cleared before you could be eligible for another license.

Customer: replied 3 years ago.
Relist: Inaccurate answer.
get a accurate answer. neither is in colorado
Expert:  Zoey_ JD replied 3 years ago.
Sorry. About that. I had my previous customer's state on my mind. It comes down to the same thing, however, as Kentucky was the place where the DUI occurred and the license was an out of state license. Their official website says that the law of the state where you were convicted is the penalty you have to serve.

At the end of Kentucky's 90 day sentence if you went to surrender your out of state license to get a Kentucky license -- no matter what state you come from -- Kentucky will do a background check. All states except 5 belong to something called the Interestate Driver's Compact agreement. They share a data base, report serious driving matters to each other and they abide by each other's laws. They will see the Ohio conviction. Ohio and Kentucky are both compact states.

You can give it a try after 90 days. As I've said, I have found nothing directly on point. If there is law it's not statutory but in Kentucky lower court decisions which are not available on line. But don't be surprised if it doesn't work. Because Kentucky cannot lift your Ohio suspension. It can only clear you in Kentucky. You'll still have to show Ohio proof of compliance with their law in order to lift the suspension.

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