What happens if I was arrested for DWI out of state, or if I’m from another state and arrested in New Jersey?
If you live in another state and are driving in New Jersey while under the influence of alcohol, prescription medication, or illicit substances such as marijuana, heroin, or methamphetamine, you could be charged with Driving While Intoxicated (DWI) or Driving under the Influence of a Controlled Dangerous Substance. Drivers with out-of-state licenses can jeopardize their ability to drive in New Jersey and, in some cases, their home state. New Jersey treats out-of-state drivers the same way as it does its own. It is one of the strictest states regarding DUI/DWI offenses and takes them very seriously. Out-of-state drivers are obligated to adhere to the same regulations while operating motor vehicles on New Jersey’s many roads and highways. For individuals charged with DWI, those convicted will receive penalties from New Jersey, regardless of their original residence. The best option is to procure legal representation as soon as possible to avoid making costly mistakes that could affect your case and ability to drive.
Breaking down the Interstate Driver License Compact and DUI Offenses
New Jersey is part of the Interstate Driver License Compact. This agreement allows states to send and receive information about traffic violations in other states. If you are convicted of a DUI/DWI in your home state, it could count as an offense in New Jersey when the statute from your home state is similar to that of New Jersey. However, if you can prove that the DWI law from a state other than New Jersey had a required BAC of less than 0.08%, there may be an exception in your case.
The IDLC is an agreement between all states except for Massachusetts, Wisconsin, Tennessee, Georgia, and Michigan to share information regarding an out-of-state driver’s DUI/DWI convictions or other traffic citations, convictions, the penalty you were assessed, and other relevant information. This could mean twice the trouble for the convicted DUI driver, who can face a suspended license and other penalties in New Jersey, as well as other sanctions in their home state. Although some states are not part of the agreement, many still suspend an out-of-state driver’s license temporarily until they leave the state they are visiting.
Penalties for Out of State Drivers Convicted of DWI in NJ
If you are stopped with a BAC between 0.08% and .010% for your first DWI offense, you can receive a fine of $250 to $400, a suspended license until an ignition interlock device IID is installed, three months using the device, a possible jail sentence of 30 days, and up to two days in the IDRC (Intoxicated Driver Resource Center). You can also be required to pay a $1,000 insurance surcharge every year for three years, and your insurance rates can also increase. If your BAC is up to 0.15%, all previous penalties apply except the fine is $500, and you must install an IID for seven months to a year. Until you install and activate the device, your license is suspended. With a BAC of over 0.15% the IID could be in your car for 9 to 15 months, and your license is suspended for four to six months.
Your second DWI offense requires you to spend two days in jail (mandatory), more time in IDRC, and a license suspension of one to two years. You must use an IID for two to four years, pay the insurance surcharge for three years, and double the fines. The penalties for a third offense include higher fines, jail time, time in IDRC, 30 days of community service, and an eight-year license suspension. No matter where you fall on the list of offenses, a DWI conviction is expensive. The IID alone can cost between $100 and $200 a month. Insurance surcharges, court costs, and other fees can leave you over $4,000 in the hole after all is said and done. That is why it is vital to contact a credentialed and successful DWI attorney as soon as possible.
Consequences of a New Jersey DWI for Drivers in Nearby States
Besides the penalties in New Jersey, drivers in Pennsylvania with no prior DUI convictions will not have their license suspended in their home state. Delaware drivers will receive a suspended license for 12 months, and New York drivers will have their licenses suspended for 6 months. The inability to drive can affect your daily life and your budget. What was once a quick jaunt to the store now requires several calls from friends or family for a ride or using a ride-sharing app. In New Jersey, the charge of DUI is a traffic offense, but in most other states, it is a felony after the first offense, which means that subsequent offenses could have grave consequences.
Complying With New Jersey’s DUI Education and Assessment Requirements
Enlist Help with Your Out of State Driver DWI Defense in NJ by Contacting an Experienced Attorney
Having your license suspended, driving with an interlock device in your vehicle, taking courses, paying surcharges and fines, and even being sent to jail for a period can undoubtedly use up time and money. Your work and family life will be directly affected if you are an out of state driver charged with drinking and driving in New Jersey, not to mention the additional penalties you may face in your home state. However, our tested and trusted DUI attorneys use many ways to get DUI charges dismissed. Our team of skilled drunk driving lawyers has successfully handled countless DWI cases in courts throughout New Jersey. Although we know each client is unique, these past experiences, along with our advanced training and education on police procedures and breath testing in NJ DWI cases, provide a foundation of experience and knowledge that gives you the edge you need in court. We will defend you from every possible angle to obtain the best result. Contact us today at (201)-556-1570 to talk to a lawyer at The Tormey Law Firm about your out of state driver DUI in New Jersey. We offer 24/7 free consultations.
These videos explain some of the key defense strategies that our New Jersey DWI lawyers use to fight against your DWI charges:
Challenge the Initial Motor Vehicle Stoppage
Challenge the Field Sobriety Tests
Challenge the 20 Minute Observation Period
Challenge the Alcotest 7110 machine itself
