Out of State Convictions & Licenses

Out-of-State Convictions

Prior to November 1, 2006, a prior out-of-state conviction for operating a motor vehicle while under the influence of alcohol or drugs was deemed to be a prior conviction of DWAI. Thus, it could not be used as a predicate for a felony DWI charge in New York.

Effective November 1, 2006, a prior out-of-state conviction for operating a motor vehicle while under the influence of alcohol or drugs is deemed to be a prior conviction of the analogous section of VTL § 1192 (if such conduct would have constituted misdemeanor or felony DWI, Aggravated DWI, DWAI Drugs or DWAI Combined Influence if it had occurred in New York). The significance of this change is that an out-of-state conviction can now potentially be used as a predicate for a felony DWI charge in New York.

In addition, if you have a New York driver’s license and are convicted of operating a motor vehicle while under the influence of alcohol or drugs in another State (and New York finds out about it), your driver’s license will be revoked, and your registration may be revoked, for at least:

1. 90 days, if you are over 21;
2. 1 year, if you are under 21 and are a “first offender”; or
3. 1 year or until age 21, whichever is longer, if you are under 21 and are a “repeat offender.”

Out-of-State Licensees

Virtually all States now report alcohol- and drug-related driving convictions back to the driver’s home State. Thus, if you drive in New York on an out-of-state driver’s license and you are charged with DWI, a conviction of DWI or DWAI will almost certainly be reported back to your home State’s Department of Motor Vehicles. In this regard, not only will New York penalize you, but your home State will likely penalize you as if you had received the charge there. Since many States punish DWI offenders at least as severely as New York does, you may wish to contest the charge in New York in an attempt to avoid such consequences.

Regardless, it is critical that out-of-state licensees consult with an experienced DWI attorney in order to discuss and fully understand their options.