Out of State Motorists and New York DWI


Out of State Motorists and New York DWI

By Ramy Louis, Esq., DWI Attorney at the Law Office of Lance Fletcher, PLLC

Do you have an out-of-state license and a pending New York DWI case? A DWI related conviction in New York State can affect your out-of-state license. At the Law Office of Lance Fletcher we can fight the New York DWI case and advise you of the possible consequences to your out-of-state driver's license.

There is an agreement called the Driver License Compact that attempts to impose a nationwide system to prevent motorists from escaping driver license punishments by leaving the state after they have been convicted of DWI or DUI or other traffic violation. It also serves to inform your home state about instances of bad driving elsewhere to encourage out-of-state drivers to obey the foreign state's traffic laws. The goal of this law is to have every driver identifiable by one consolidated record and encourage a driver to abandon having multiple licenses. As a result, a suspension or revocation of driving privileges in New York will be sanctioned in accordance to a similar violation in that other state.

For example, suppose Jane, who is a resident of New Jersey and license holder there, is convicted in New York for DWI / DUI. When she is sentenced in New York, the sentencing court revokes her privileges to drive in New York. The sentencing court however, does not have jurisdiction to revoke her New Jersey license. But, under the Interstate Compact, since New Jersey is a signatory, the Interstate Compact Administrator will notify New Jersey license authorities to sanction Jane under a similar violation under New Jersey. Therefore, Jane's license will suspended as if she was convicted of a DWI/DUI offense in New Jersey.

If New Jersey discovers the New York conviction, New Jersey may impose a suspension of at least 6 months, and require an expensive DMV surcharge of $3,000. This could happen if Jane pleads guilty to any DWI or DWI related charge (such as a New York traffic infraction called DWAI or driving while abilities impaired).

However, New Jersey may not recognize the New York DWI / DUI conviction under reciprocity. Reciprocity is when a state recognizes a foreign state's conviction and treats it as if it happened in the home state. Because a New York DWI conviction may not be recognizable under reciprocity, your attorney can make an argument that New Jersey's DMV should also not recognize the New York DWI / DUI conviction. Contact us for your New York DWI / DUI case and/or referral to a New Jersey DMV lawyer to fight any New Jersey DMV action to suspend your license because of a New York DWI / DUI conviction.

Here are some of the states that signed the Interstate Compact:

  1. Alabama
  2. Alaska
  3. Arizona
  4. California
  5. Colorado
  6. Delaware
  7. Florida
  8. Illinois
  9. Maine
  10. Massachusetts
  11. New Hampshire
  12. New jersey
  13. New York
  14. Pennsylvania
  15. Vermont
  16. District of Columbia

If you are an out of state motorist facing a DWI charge in New York, you contact a New York DWI defense attorney who can tell you the possible impact on your driver's license. Contact us for a case evualuation.