Many drivers are unaware of the DWI (driving while intoxicated) or DUI (driving under the influence) rules and regulations when it comes to an incident that happened outside their home state. The exact rules and regulations are specific to each state’s laws and DMV (Department of Motor Vehicle) but essentially, if a New Jersey driver is sentenced with a DWI/DUI in another state, it is the same as being charged in New Jersey. All states but five (Massachusetts, Michigan, Wisconsin, Georgia, and Tennessee) have agreed to and signed the Driver’s License Compact. This agreement between the states actually treats vehicular offenses committed in other states as if they were committed in the home state. Thus, as long as the driver’s home state has a “substantially similar” statute to the statute the driver violated, the home state will treat it as if the offense happened within the home state.
If you are experiencing the following, do not wait to reach out to our firm today to speak with our reliable and experienced Bergen County DWI attorney.
New Jersey drivers can encounter several serious penalties for being sentenced in another state for DWI/DUI. The driver’s license will likely be suspended in the state of the incident for the length of time specified by the statute and surcharges may apply. Also, the state-of-incident will then report the vehicular offense to the driver’s home state in order for the home state or DMV to apply its punishment. This can indicate a suspension of the driver’s license in the home state, fines and surcharges, and the more strict penalties that come with subsequent offenses or higher BACs (ignition interlock device, community service, prison time). Being penalized in both the state-of-incident and the home state is constitutional and does not violate the double jeopardy provision of the Fifth Amendment in the United States Constitution.
If a driver gets a DWI/DUI in New Jersey after being punished for the same offense in another state, New Jersey will likely treat the driver as a two-time offender. This implies that even though it may be the driver’s first DWI/DUI in New Jersey, the driver will not be punished as a first-time offender. The rules are the same for an out-of-state driver getting convicted of a DWI/DUI in New Jersey. There are certain exceptions to this, but they are complicated and the counsel of an attorney is advised. Our legal team can help. Give us a call today to learn more.
CONTACT THE LAW OFFICE OF KEVIN T. CONWAY FOR A FREE CONSULTATION IF YOU NEED AN AGGRESSIVE CRIMINAL LAWYER.