DWI Convictions in New Jersey and Out-of-State: How Will They Affect Your Driver’s License?

As the holiday season continues, many of us take to the roads to visit family and friends both in New Jersey and out of state. Whether you are a visitor of New Jersey who is charged with DWI or a New Jersey resident who is convicted of DWI in another state, there are a number of complex issues that may influence your driving privileges moving forward.

As an experienced New Jersey DWI defense attorney, I am often asked about how a conviction for DWI in New Jersey will affect a person’s driver’s license in their home state. First, it is important to note that New Jersey participates in the Interstate Driver’s License Compact (IDLC), an agreement among 45 states that requires each to inform the other parties of driving-related infractions, including DWI, that occur within their jurisdiction.

The states that do not abide by the provisions of the IDLC are Wisconsin, Massachusetts, Tennessee, Georgia, and Michigan. Essentially, this means that if you are from any of the other states that participate in the IDLC, they will be notified of your New Jersey DWI conviction. Upon notification, your home state will determine whether or not to impose a separate driver’s license suspension or to impose the period of suspension issued in connection with your New Jersey DWI conviction. Of course, if you plan to remain in New Jersey for any period of time or choose to visit again during the term of your suspension, you will be forced to comply with the suspension imposed by the New Jersey court.

What then, if the situation is reversed? If you are a New Jersey driver who received a DWI in another state, you will also be subject to the provisions of the IDLC, meaning that the New Jersey Division of Motor Vehicles will likely become aware of your out-of-state conviction. Generally, New Jersey will impose a punishment for an out-of-state DWI as if the offense had been committed within New Jersey state lines. This means that, for a first offense, you may be subject to a license suspension of three months if your blood alcohol content (BAC) registered between 0.08% and 0.10%. On the other hand, if your BAC was above 0.10% at the time of the offense, you may face a license suspension ranging from seven months to one year.

Often, the imposition of a New Jersey penalty is referred to as “domesticating” the out-of-state offense. However, you are able to appeal to the New Jersey suspension by requesting a hearing at the Division of Motor Vehicles. During this proceeding, you are entitled to representation by legal counsel, which is highly advisable when dealing with a matter that is particularly complex and potentially life-altering.

For additional information, contact my offices anytime at (908) 481-4625. I am always pleased to provide the answers to your questions.