DWI in NY With an Out of State License

Getting a DWI in NY with an Out of State License is a serious offense and it will land you in hot water with your home state.  States must report DWI offenses to the driver’s home state to be penalized as though it is an in-state conviction.  Additionally, New York state will suspend the driving privileges in New York.

How Out of State DWI Convictions are Handled

The Interstate Drivers License Compact (IDLC) is upheld by 45 states and treats every driver as a single drivers license for purposes such as DWI.  All but Georgia, Massachusetts, Michigan, Tennessee and Wisconsin participate in the IDLC.

These 45 states report driving arrests to each other so it’s likely your home state will receive the report and take action as though it was an in-state DWI.  Thus, if you are Pennsylvania resident and get arrested in New York state for drunk driving, your home state of Pennsylvania will be notified and will likely take its own action as though it was in-state.

Additionally, information is usually entered into the National Driver Register which means that when you apply for a license in a new state the outcomes of issues happening in other states is available.  This means that whatever happens to your New York driver license and driving privileges will be available to the new state when you apply for a license.

Do you need to return to NY for court?

Yes, you will need to return to New York to defend against the DWI charges as though they happened in your home state.

If you do not show up, the state of NY can suspend your motor vehicle driving privileges in NY and through the IDLC agreement your home state will likely follow suit.

Consequences of an Out of State DWI in NY

There are serious penalties for New York DWI convictions.  These vary depending on circumstances and Blood Alcohol Content (BAC) level.  If the BAC is 0.18 or above, the DWI may get elevated up to an Aggravated DWI charge.  These are the penalties in New York for a first time DWI offense.

DWI Penalties in New York
ConvictionFirst Offense Penalties
Driving While Intoxicated (DWI)

BAC of 0.08 or above

  • Up to a year in jail
  • $500 to 1000 fine
  • 6 months driving license suspension
  • Aggravated DWI: Installation of an Ignition Interlock Device on any car driven
Aggravated DWI

BAC of 0.18 or above

  • Up to a year in jail
  • $1000 to 2000 fine
  • One year driving license suspension
Driving While Alcohol-Impaired (DWAI)

BAC of 0.05 or above and impaired driving ability due to alcohol or drugs

  • Up to 15 days in jail
  • $300 to 500 fine
  • 90 day driving license suspension

 

Consult with a DWI Lawyer in NY

While you can bring a lawyer in from another state, a New York-based attorney specializing in the criminal defense of DWI will have the appropriate knowledge of New York city and surrounding  law in this area.  If you are able to successfully defend against the DWI charge in NY, your license will unaffected in NY as well as your home state.

If you have been arrested and with a DWI charge or DUI charge in NY,  consult with Wisner & Wisner LLP immediately.  Wisner & Wisner have been specialistics in DWI Defense for more than 18 years.  They are a team of defense attorneys with a combined experience of more than 65 years.