It is not uncommon for a New York resident to get arrested for Driving While Intoxicated (DWI) while driving in another state. However, most people do not understand the consequences of an out-of-state DWI on their life in New York.
An out-of-state DWI conviction can affect many aspects of your life, including:
- Your New York driver’s license
- Your current and future employment, particularly in civil service jobs
- Professional licensure, if you are a healthcare professional or work in another occupation that requires a state-issued license
- Your auto insurance rates
- A criminal record that will appear on background checks
For the purposes of this article, the term DWI includes driving while ability impaired by drugs or a combination of drugs and alcohol.
What Criminal Penalties Apply for an Out-of-State DWI?
A DWI charge will be prosecuted in the state where the offense occurred according to the laws of that state. You should consult an attorney in the state and county where the offense occurred for legal advice on dealing with any traffic tickets or criminal charges.
Can an Out-of-State DWI Affect My New York Employment?
If you have a civil service job, a job that requires driving, or a job that requires a state-issued professional license, all of these can be affected by a DWI conviction.
DWI is a crime in all 50 states; whether it is classified as a misdemeanor or a felony depends on the circumstances. In other words, a DWI will show up on a criminal background check as well as on a driving record check.
Some employers may limit their background checks to specific states and counties where you have lived, while others will do a nationwide search. It is possible that an out-of-state DWI might not turn up on a background check due to bureaucratic error or limited search criteria, but you should assume that a background check by a New York employer will most likely turn up an out-of-state DWI conviction.
Under New York law, you may be legally refused employment or a professional license if there is a direct relationship between the crime for which you have been convicted and the type of job or license you are seeking. For example, if you have a recent conviction for DWI, you may be refused employment in any job that requires driving or operating heavy equipment.
How Will an Out-of-State DWI Affect My New York Driver’s License?
Another state cannot take your New York driver’s license away from you, nor can they directly suspend or revoke your New York driver’s license. However, all states share certain information about their driver’s license holders. If you are convicted of DWI in another state, that information will be available to the state of New York, although there may be a time delay. When the NY DMV finds out about an out-of-state DWI conviction, you will receive a notice informing you of the suspension or revocation of your New York driver’s license that will be imposed on you.
The penalty for an out-of-state DWI conviction is revocation of your NY driver’s license for at least 90 days for an alcohol-related offense or at least six months for a drug-related offense (one year if you are under age 21), assuming you have no prior DWI-related violations. If you have prior violations, the penalty can be increased (NY-VAT section 1193.2.b.8).
You should also be aware that if you have an out-of-state DWI on your record, and you are arrested for DWI in New York state within 10 years, you will be treated as a repeat DWI offender.
Get an Aggressive Defense from a New York City DWI Lawyer
Whether in-state or out-of-state, a DWI conviction can have a serious and long-term effect on your life. In addition to fines and other penalties imposed by the criminal justice system, you could face a steep increase in your car insurance rates. You could even lose your job if you drive for a living, hold a civil service job, or if your job requires a state-issued professional license. A skilled New York City DWI attorney will scrutinize your case for police procedural errors that can be used to get charges and penalties dropped or reduced. Call JOEY JACKSON LAW, PLLC at 833-JOEYJACKSON or 833-563-9522.
Sources:
https://dmv.ny.gov/tickets/penalties-alcohol-or-drug-related-violations
https://www2.nycbar.org/pdf/report/Labor_reentry_pamphlet_employees09.pdf