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2nd Offense Driving Under the Influence (Out-of-State)

NY Drivers Arrested for DUI While Traveling Face Serious Driving Consequences

New York drivers travel throughout the United States for business and leisure on a daily basis. Whether you have a few drinks at a bar after a business meeting or you have some wine with dinner at a family gathering, you could face the difficult prospect of being arrested for driving under the influence ("DUI") in another state. Many New York motorists breathe a sigh of relief when their driving privileges in another state are revoked because they have no intention of returning to that state. Unfortunately, New York drivers in this situation often receive a rude awakening when their New York driver’s license is subsequently suspended under the Interstate Driver’s License Compact ("IDLC").

Understanding the Interstate Driver’s License Compact

If you are a licensed driver in New York who frequently drives out-of-state, you need to understand the New York IDLC rules outlined in New York Vehicle and Traffic Law Section 516. Under the IDLC, states that are members to the compact, which includes almost all U.S. states, must report an out-of-state driver’s DUI conviction to the licensing authority of the motorist’s home state. The compact requires the home state to impose the same driver’s license consequences that would have been experienced if the conviction had occurred in the motorist’s home state.

Whether you are facing DUI in another state with no prior convictions or you have prior convictions for an alcohol or drug violation, your driver’s license will be revoked by your home state for 90 days if you are found to have committed an out-of-state DUI. If you are under 21, your New York driver’s license will be revoked for a minimum of one-year or until you reach the age of 21, whichever occurs later in time.

Impact of a Conviction in another Jurisdiction with Prior Alcohol or Drug Convictions

The impact of an out-of-state DUI on your New York driving privileges is best understood by way of example. A 19-year-old college student who lives in New York might travel to Florida to attend college. If the college student is convicted of DUI in Florida, the Florida DMV will notify the New York DMV of the conviction. New York licensing authorities will treat the Florida DUI as if the offense occurred in New York, provided Florida’s DUI statute is comparable to New York State’s driving while intoxicated ("DWI") statute. This will result in your New York driver’s license being revoked. Keep in mind however, that there may be a lapse in time between the conviction and revocation of your New York driving privileges. If you have prior convictions of alcohol or drug-related driving offenses, you will lose your driving privileges for a year or until you turn 21, whichever is the longer period of revocation. If the driver is over 21, the suspension would be for 90 days.

New York drivers arrested for an alcohol-related driving offense in another state should keep in mind that the IDLC only applies if the out-of-state DUI offense is the equivalent of New York’s DWI law. If the statutes are not equivalent violations, New York cannot use the IDLC to suspend your driving privileges.

The bottom line is that you face serious consequences if you are convicted of DUI while traveling out-of-state. If you have legal questions and concerns about an out-of-state DUI, we offer a free consultation. At Greco ♦ Neyland, PC, our seasoned criminal defense lawyers represent clients charged with a full range of alcohol and drugged driving-related offenses. We offer a free consultation, so you should feel free to call us today at (914) 358-9146 or click here to schedule your free consultation.