What Happens to an Out of State License With a New York DWI?

What Happens to an Out of State License With a New York DWI?

I practice DWI defense in an area high with colleges and universities. Students young and old often never relinquish their home state licenses to attend school. They see this time in their life (living in Ithaca and upstate New York) as permanent, already if they are here for years. When they get arrested for a DWI their privilege to excursion in New York, and in other places comes into jeopardy.

New York State Courts can only revoke and/ or suspend your privileges to excursion in New York State. At your arraignment (initial turn up) a estimate must suspend your privilege to excursion here (NYS) if you had a BAC of.08 or higher OR if you refused to take the breath test. This is called a suspension pending prosecution.

If your home state is NOT notified then you can nevertheless excursion in all 49 states while your case is pending.

If you can prove need, then NYS will offer a hardship license to those who took the breath test but not to those who refused it. Hardship licenses are limited privileges for limited time periods.

New York typically does not notify the home state DMV until the final hearing/disposition of your criminal case. However, if you refused the breath test (a refusal case) then you will have a NYS DMV hearing. It is likely that your NYS driving privileges will be revoked (cancelled) after your administrative refusal hearing, NY DMV will notify your home state at that time that you have been revoked (in NYS) for the refusal to take a breath test.

45 states are parties to an interstate compact that requires them to suspend the license of any person who has lost their privilege to excursion in another state. These five: Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin DO NOT BELONG to the compact.


Takeaway: Your privileges will likely be suspended and/or revoked in your home state either after a administrative refusal hearing with a estimate or at the end of your criminal case. After your criminal case is disposed of by a plea or a finding of guilt to one of the DWs (DWAI, DWI, or ADWI) then NYS will generally offer out of state drivers who live in NYS a conditional license to excursion for school, work, and medical care if they take the NYS DMV DDP (drinking driver program).

Your home state suspension or revocation will likely last until reinstatement of your privilege to excursion in New York is restored. Your home state may or may not offer you a conditional license for driving to school, work, and medical care. Your home state may also choose to impose an additional period of suspension or revocation for a New York DWI, DWAI, or ADWI conviction. Your home state could also require installation of an ignition interlock device on your cars, alcohol awareness/education classes, alcohol treatment, an alcohol/drug evaluation, fines, and yearly state DMV surcharges. You should always consult with an attorney from your home state (and county) to confirm what may or may not happen to you and your license to excursion.

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