Last Updated on: 10th March 2023, 01:44 pm

Understanding the Impact of Out-of-State DWI Convictions on Your New Jersey License

As a leading law firm with a nationwide presence, Spodek Law Group and Attorney Todd Spodek understands the many concerns that come with an out-of-state DWI conviction. We have handled numerous cases involving out-of-state DWI convictions and can help you navigate the complexities of the law. Below are some common questions and answers to give you a better understanding of how an out-of-state DWI conviction can affect your New Jersey license.

How Can Out-Of-State DWI Convictions Affect My New Jersey License?

If you have been convicted of a DWI in another state and you are a New Jersey driver, it is essential to understand the implications. Pursuant to the Interstate Driver’s License Compact, all participant states are required to report any driving convictions of a person from another party state that occur within its borders. As a participant in this compact, New Jersey receives notifications from other participant states, such as New York, regarding Driving While Impaired or Driving While Intoxicated convictions.

Upon receipt of such a conviction, the New Jersey Division of Motor Vehicles will send you a notice of hearing. At this hearing, they will determine whether to suspend your license in accordance with the way New Jersey treats your New York conviction. This means that you may not only have a year-long suspension of your license in New York, but you will also be prohibited from operating a motor vehicle on the roads of New Jersey for a similar or even longer period.

How Does New Jersey Determine the Length of Suspension for Out-of-State DWI Convictions?

If the conduct reported from another state is not an offense in New Jersey, then New Jersey is required to impose the punishment associated with a substantially similar offense under New Jersey law. This is where things can get tricky for those charged with Driving While Ability Impaired in New York. Although DWAI in New York does not require the same proofs as New Jersey’s Driving While Intoxicated offenses, the Division of Motor Vehicles will likely attempt to suspend your license under N.J.S.A. 39:5D-4(c) for a period either the same or longer than that of New York’s, especially if this would be your second or third DWI offense.

In fact, if you were charged and subsequently convicted of Driving While Ability Impaired in New York, you could be hit with a license suspension as if you were charged with a DWI in New Jersey. This was specifically ruled upon by the New Jersey courts in Division of Motor Vehicles v. Lawrence, 194 N.J.Super. 1 (App. Div. 1983). The Appellate Division held that the offense of driving while impaired under New York law is substantially similar to the New Jersey drunk driving offense under N.J.S.A. 39:4-50(a) and therefore warrants reciprocation of a suspension.

Can I Reduce My License Suspension in New Jersey for Out-of-State DWI Convictions?

At the Law Offices of Todd Spodek, our experienced NJ License Suspension Attorneys can help you request a hearing regarding your license suspension. After the New Jersey Division of Motor Vehicles receives notice of another state’s DWI conviction, such as a New York DWAI, they will send you a letter of notice that your New Jersey driver’s license will be suspended. At this point, you can request a hearing to petition for a shorter suspension period in New Jersey.

The individual handling the hearing will take into account various factors before agreeing to lower the suspension. These include your prior driving record, the severity of the offense, and other relevant circumstances. Often, a reduction of the suspension may be afforded as much as half of the proposed period or even more, depending on the specific details of your case.

How Can Spodek Law Group and Attorney Todd Spodek Help?

If you are facing an out-of-state DWI conviction and are worried about the impact it may have on your New Jersey license, you need a knowledgeable and experienced attorney on your side. At Spodek Law Group and with Attorney Todd Spodek, we have a deep understanding of the law and can help you navigate the complex legal landscape.

Our team of attorneys has successfully handled numerous cases involving out-of-state DWI convictions, and we know what it takes to get the best possible outcome for our clients. We will work tirelessly to defend your rights and ensure that you get the fair treatment you deserve.

Contact Us Today

If you have questions about how an out-of-state DWI conviction can affect your New Jersey license, don’t hesitate to contact us. Our team of experienced attorneys at Spodek Law Group and with Attorney Todd Spodek is here to help you every step of the way. Contact us today to schedule a consultation and get the legal representation you need.

Table of Common Questions and Answers

Common Questions Answers
How can out-of-state DWI suspensions affect my New Jersey license?

Pursuant to the Interstate Driver’s License Compact, participant States must report each driving conviction of a person from another party State that occurs within its borders. New Jersey, as a participant in this compact, will receive notifications from other participant States (like New York), regarding Driving While Impaired or Driving While Intoxicated convictions. Upon notice of such a conviction, the New Jersey Division of Motor Vehicles will send you a notice of a hearing, whereby they will suspend your license in accordance with the way New Jersey treats your New York conviction. This means that you may not only have a year long suspension of your license in New York, but you will also be prohibited from operating a motor vehicle on the roads of New Jersey for a similar time period, sometimes more.

How does New Jersey determine the length of suspension for New York DWI/DWAI convictions? If the conduct reported from New York is not an offense in New Jersey, then New Jersey is required to impose the punishment associated with a substantially similar offense under New Jersey law. This is tricky for those charged with Driving While Ability Impaired in New York. Technically, DWAI in New York does not require the same proofs as New Jersey’s Driving While Intoxicated offenses. Nevertheless, the Division of Motor Vehicles will likely attempt to suspend your license, under N.J.S.A. 39:5D-4(c), for a period either the same or longer than that of New York’s, especially if this would be your second DWI offense or third DWI offense.

Can I reduce my license suspension in New Jersey for DWI’s out-of-state?

In some cases, a NJ MVC Hearing may be granted, and a reduction of the suspension may be afforded. After New Jersey’s Division of Motor Vehicles receives notice of another state’s DWI conviction (such as a New York DWAI), the New Jersey DMV will send you a letter of notice that your New Jersey driver’s license will be suspended. At that time you can retain a NJ License Suspension Attorney to request a hearing regarding your license suspension. The DMV will set a date for the hearing, at which point you can petition for a shorter suspension period in New Jersey. Often times the individual handling the hearing will agree to lower the suspension as much as half of the proposed period, sometimes more given the circumstances.