Out of State License Holders Beware!

If you represent enough people over the course of time for DWI and all it's variants, basically similar types of charges, you begin to note the differences. People sometimes ask, "don't you get bored." Even though the law is sometimes static (the statutes), and you could see everyone, so to speak in the same boat, their cases all have subtle nuances. You would think that perhaps boredom was still a possibility, but then again the "application" of law (by the Courts) is dynamic, and almost everyone's given situation contains a certain uniqueness.

One such uniqueness, is where they are from and where they are going. Being in Ithaca, basically the basin of Cornell, I represent lots of people from other states and countries. Aside from those passing through the Fingerlakes either for vacation or business. New York State is a BIG state. Lots of farms, lots of land, tremendous expanses all around, and so hard to stay in the lanes on these country roads, and so hard to stay at a slow rate of speed with all these distractions.

Questions abound: How is this DWI going to affect my home state licensure? Is it possible that my license back home will be revoked? How long will it be revoked? Will my home state fine me as well and how much? If it is revoked can I still get a conditional license privilege back home?

So many important questions. I belong to the NCDD (National College of DUI Defense) so I usually go on our national listserve (it is an incredible resource for us DUI attorneys), and I direct my clients to the appropriate authority or information.

No I am not licensed in all 50 states, and I do not know everything. I cannot and I do not give counsel or legal advice on states I am not licensed in, so don't ask me to.

Even if I did know everything, at any point in time, the laws and their applications are constantly changing. btw, I am licensed in NJ, PA, NY, and FL.

There is an Interstate License Compact among the majority (45) of states. Wisconsin, Tennessee, Georgia, Massachusetts, and Michigan are all Non-compact states and don't share Drunk Driving (DUI and DWI) conviction information.

In August of this year, a Florida license holder convicted of a NY DWAI had their Florida license revoked for a period of one year. DWAI is a traffic violation in NYS and NY suspends the NY driving privilege for 90 days. Florida reasoned that the NY DWAI was similar to their DUI and acted accordingly. He probably would have faired better if he had been represented by an attorney in Florida instead of representing himself but that is a story for another day.

I recently had a client from PA who was convicted of a NY DWAI. PA viewed that traffic violation as similar to their DUI but did not do anything to their license. PA recently (in the past they were more harsh) began giving a free pass to first time DWI/DUI offenders in terms of license suspensions. On a second DWI, PA will revoke for one year with NO license of any type, conditional or otherwise.

Another client from OH, just passing through the beautiful Fingerlakes got a DWI which was later reduced to a DWAI. This will potentially carry a six month suspension back in Ohio.

Fines are another possibility. NJ license holders will have to pay, $1,000 a year for three years to their DMV, and $250 a year to the NY DMV for any NY DWI or DWAI.
Knowing what you are facing is always crucial to your decision making process.