The Law Offices of Jonathan F. Marshall has extensive experience defending individuals in conjunction with out-of-state DWI charges. Individuals faced with a DUI offense in New York, Pennsylvania, Florida, Texas, California or another state frequently make the mistake of failing to consult our lawyers until things are too late. The truth is that if they had consulted a driving while intoxicated defense lawyer at our firm earlier, we frequently can avoid or minimize the suspension of New Jersey driving privileges stemming from an out of state DWI conviction. It is therefore clearly in your best interests to take advantage of a free consultation with the attorneys at our Middlesex County DWI Firm. Call us anytime 24/7 at 732-227-1200.
We are often consulted by potential clients who have a New Jersey driver’s license and have been charged and convicted with drunk driving in another state. The most common question is: What affect will this out of state DWI conviction have on my New Jersey driver’s license? There are three main effects of an out of state drunk driving conviction on your New Jersey driver’s license: 1) administrative suspension; 2) DMV surcharges; and 3) sentencing enhancement for a future DWI charge in New Jersey.
Administrative Suspension as a Result of an Out of State DWI Conviction
If you are convicted or plead guilty to a drunk driving offense in another state and you have a New Jersey license, a record of this conviction will be sent to the New Jersey Motor Vehicle Commission (MVC). This is accomplished based on the Interstate Driver License Compact whereby states share information regarding motor vehicle violations. Then, after the MVC receives notice of the conviction, the Chief Administrator will typically suspend the driving privileges of the New Jersey driver. The length of this suspension will be based on the New Jersey drunk driving statute, N.J.S.A. 39:4-50 (New Jersey Drunk Driving Statute). The suspension will be in accordance with the minimum sentence imposed based on the number of DWI convictions on the driver’s record.
DMV Surcharges Based on Out of State DWI Conviction
A reported out of state drunk driving, DWI, or DUI conviction will also lead to the imposition of surcharges by the New Jersey Motor Vehicle Commission. The surcharge will be assessed at $1000 a year for three (3) years.
Sentencing Enhancement for Future DWI Charges
Under N.J.S.A. 39:4-50(a)(3), a violation of any law that is substantially similar to New Jersey’s DWI statute will constitute a prior conviction for sentencing purposes. Thus, if you have a prior out of state DWI conviction and are charged with drunk driving in New Jersey, this will most likely be considered a second offense DWI in New Jersey. Remember, this is significant as the penalties imposed are significantly increased for a second or third offense DWI in New Jersey. For example, the license suspension is two (2) years for a second offense DWI, while the license suspension on a first offense DWI is only seven (7) months to one (1) year.
Sayreville DWI Lawyer to Challenge an Out of State Conviction
As a result, if you or a loved one has been charged with Driving While Intoxicated (DWI) in another state, the Law Offices of Jonathan F. Marshall can help. One of our knowledgeable DWI attorneys is available immediately for a free initial consultation to answer all of your questions and analyze each and every element of your DWI charge and how the State of New Jersey might penalize you. Moreover, we can assist you with any future New Jersey DWI charges. Do not underestimate the severity of DWI and DUI charges in New Jersey. As the largest DWI and DUI firm in the state, we can help you to combat your DWI charges, whether in Woodbridge, Sayreville, East Brunswick, New Brunswick, Piscataway, or Edison.
