NYC
Out-of-State DWI Lawyer
Established Out-of-State DWI Attorney in New York
Frequently Asked Questions About Out-of-State DWI Charges in New York
What happens to my license if I get a DWI in New York with an out-of-state license?
New York can’t suspend your home state license directly, but it can suspend your privilege to drive in New York. If your BAC was 0.08% or higher, a judge usually suspends that privilege at arraignment while the case is pending. Your home state may add its own penalties, so get advice from a New York DWI lawyer before you plead.
What happens if I refused a breath test in New York with an out-of-state license?
Refusing a chemical test leads to a DMV refusal hearing, and if the refusal is upheld, a one-year revocation of your New York driving privilege and a $500 civil penalty for a first refusal. That penalty applies even if the criminal case is dismissed. Make sure your lawyer knows the hearing date, since missing it waives your defenses.
Do I have to come back to New York for my DWI case?
Usually you’ll need to return for some court dates, especially arraignment, trial and sentencing. A lawyer can sometimes appear for you on routine adjournments, which cuts down on travel. Missing a required date can lead to a bench warrant, so keep your lawyer posted on your schedule.
Will I need an ignition interlock after a New York DWI if I live in another state?
Probably. New York’s Leandra’s Law requires an ignition interlock device as part of the sentence for any DWI conviction, and it applies to vehicles you own or drive. Your lawyer can help work out how that condition is handled when you live and drive in another state.
Can an out-of-state DWI be reduced to DWAI in New York?
Sometimes. Driving while ability impaired (DWAI) by alcohol is a traffic infraction, not a crime, with a fine of $300 to $500 and a 90-day license suspension for a first offense. It’s a common plea when the BAC was lower or the stop had problems, but how your home state treats a DWAI varies.
The Interstate Driver’s License Compact (IDLC)
One of the first things you should know about being charged with a driving offense in another state is that your resident state will find out about it. The Interstate Driver’s License Compact is an agreement to share information about driving offenses if an individual was an out of state driver.
States that are not members of the IDLC include:
- Georgia
- Wisconsin
- Tennessee
- Massachusetts
- Michigan
New York City
Practice Areas
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