I’m From Another State. What Happens if I Get a DWI in New York?

If an out-of-state resident is convicted of driving under the influence of drugs or alcohol in New York, the state treats all prior DUI-related convictions as though they had occurred in New York for sentencing purposes. But in order for the conviction to transfer, the out-of-state offense must be based on a law that is analogous to a similar New York law. Having prior DWI convictions can have a serious impact on how new offenses are charged, so if you were arrested for driving under the influence in New York, it is important to contact an experienced DWI attorney who can help you achieve the best possible outcome.

Out of State Drivers With a NY DWI

New York Law

A conviction out of state is only considered a prior conviction in New York if the out-of-state offense is similar to a New York law. For instance, if the offense underlying the out-of-state conviction would have be a misdemeanor felony or felony DWI, or one of another set of charges if it had been committed in New York, then it will be considered a prior conviction. In these situations, out-of-state convictions can be used to increase a New York charge from a misdemeanor offense to a felony DWI.

Driver’s Licenses

New York is a member of the Interstate Driver’s License Compact (IDLC). If a person who holds a driver’s license in another state is convicted of driving under the influence in New York, his or her license and registration will be taken for:

  • At least 90 days if the driver was over the age of 21 years old;
  • Up to one year if it was the driver’s first offense and he or she was under the age of 21 years old; or
  • Up to a year or until the driver reaches the age of 21 years old, if the driver is a repeat offender.

Almost all states report DWI-related convictions to the home state of a driver. As a result, a person convicted of DWI will most likely be penalized in New York as well as in his or her home state. Many states punish these types of offenses at least as seriously, if not more so, than New York. Defendants may want to fight the New York charge to avoid harsher consequences in their home state.

Contact an Experienced New York DWI Attorney Today

Regardless of whether a driver is a New York resident or was merely arrested for driving under the influence while passing through, it is critical that he or she speak with an experienced DWI attorney who can explain all of the driver’s options. If you were arrested for and charged with driving under the influence in New York, please contact the Law Offices of George Vomvolakis at 212-682-0700 to consult with an attorney about your case. You can also reach us by sending us an online message containing a brief description of your case.