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QuestionInsurance Question  I just recently got a DUI ticket in North Carolina, where I attend for school. My license and insurance is using my Delaware address, does insurance find out about this if not convicted? What happens to my license if I am convicted, am I just restricted from driving in North Carolina?

AnswerAuto Insurance Answer

If you are not convicted of the DUI than the offense should not be placed on your Delaware driving record and thus should not affect your auto insurance. If you are convicted of the DUI, or any other moving violation in North Carolina the courts there will inform the DE Division of Motor Vehicles.

If you are convicted of the DUI, or even of a lesser offense, in North Carolina it can affect you in your home state of Delaware. The Delaware DMV representative that we spoke to noted that this state agency does receive in all out of state ticket information and then places the out of state violation on your record and assigns it points.

Delaware Code section 8101 is about the Driver's License Compact. Article IV states the following:

(a) The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this compact, as it would if such conduct had occurred in the home state in the case of convictions for:

(1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;

(2) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;

(3) Any felony in the commission of which a motor vehicle is used;

(4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.

From this section of DE law it would appear that Delaware would also penalize you if you are convicted of the DUI in NC. Under the DUI facts that the Delaware DMV has on its site it states that a person convicted of driving under the influence in another state will have his/her driving privileges revoked in Delaware. Also a person who drives under the influence of alcohol or drugs is subject to both criminal and administrative penalties.

So you it seems as if you are convicted of the DUI in North Carolina you will face penalties, including license suspension, in both NC and your home state of Delaware. Also if you are convicted of the NC DUI offense then it will be placed on your DE driving record where your car insurance company will see it and thus can rate you on it. 

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