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  1. #1
    Join Date
    Mar 2012
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    1

    Default Will an Out-of-State DWI Be Counted as a Prior Offense

    My question involves criminal law for the state of: New York and New Jersey.


    I was convicted of a DWI in NY City and my license has been revoked for 6 months with the installation of an interlock for 1 year plus fines and DWI screening. (Iam already in a program and alcohol free since the date of my arrest) and Comm. service. This was my first offence in NY however I received a first DUI in NJ two years ago and was given 7 months. There was no mention, however, that my NJ license is suspended in NJ. Can I still drive in NJ?
    Will this become a second offence in NJ and then will I be suspended in NJ for 2 years and when will that sentence start. I hired a lawyer and he said NJ will not find out and that I will be okay to drive in NJ.
    If this is incorrect information given to me, do I have any recourse?
    My other query is if I sell my car and have no car will the interlock condition wait until I ever get a car and then have to serve a year on that?

  2. #2
    Join Date
    Sep 2005
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    75,907

    Default Re: Will an Out-of-State DWI Be Counted as a Prior Offense

    Per statute,
    Quote Quoting New York VTL[FONT=monospace
    1192([/FONT]8)]
    (8). Effect of prior out-of-state conviction. A prior out-of-state conviction for operating a motor vehicle while under the influence of alcohol or drugs shall be deemed to be a prior conviction of a violation of this section for purposes of determining penalties imposed under this section or for purposes of any administrative action required to be taken pursuant to subdivision two of section eleven hundred ninety-three of this article; provided, however, that such conduct, had it occurred in this state, would have constituted a misdemeanor or felony violation of any of the provisions of this section. Provided, however, that if such conduct, had it occurred in this state, would have constituted a violation of any provisions of this section which are not misdemeanor or felony offenses, then such conduct shall be deemed to be a prior conviction of a violation of subdivision one of this section for purposes of determining penalties imposed under this section or for purposes of any administrative action required to be taken pursuant to subdivision two of section eleven hundred ninety-three of this article.

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