What happens when someone gets a DWI in a state other than the state they reside in? Are they “off the hook” for most of the repercussions of such an arrest and conviction. In most cases, it’s unlikely. These cases often involve the Interstate Compact on DWI. This is an agreement between most of the states and District of Columbia to be sure that the consequences of a DWI conviction are upheld regardless of where the convicted party resides. Only the states of Georgia, Massachusetts, Michigan, Tennessee and Wisconsin are not members of the Compact, meaning they do not share information regarding alcohol-related driving offenses with other states.
Interstate Compact on DWI, New York
If a person is visiting New York State, and is arrested and convicted of DWI, their privileges to drive in New York will be revoked and the conviction must be reported by the New York State Department of Motor Vehicles to the visiting motorists home state. What action the motorist’s home state takes on their driving privileges is determined by the home state. Most states will take some form of action on their residents’ drivers license for the out-of-state conviction. That punitive action (suspension or revocation) maybe less, the same or more than what action New York’s DMV takes on their driving privileges.
So what if a New York driver is convicted in another state for DWI? Assuming the other state is a member of the Interstate Compact on DWI, that state will report the conviction to the Compact and the New York DMV will be notified. The New York DMV will then suspend the New York license for at least 90 days, possibly longer depending on the circumstances.
Depending upon the intentions of the driver, an experienced DWI lawyer may be able to avoid some of these lengthy revocations, or obtain a conditional license, for client’s whose drivers license are issued by a state other than New York. In some cases, it is important that the motorist’s licensing issues get addressed before they ever appear in court to answer the charges. An experienced DWI lawyer, like those at Green & Brenneck, are cognizant of these licensing issues and will be able to advise you of your options and what actions you can take to minimize the impact of a DWI on your ability to drive.