Out of State Drivers Arrested for DWI  

  • Dan T. Matrafajlo
  • Fri Jun 2024
  • DWI,
  • 0
New Jersey DWI Attorney

Motorists with out of state licenses who get arrested in the state of New Jersey for drunk driving face specific issues that may impact driving privileges in their licensing state and complicate their case in New Jersey. If you or someone you know who has a out of state driver’s license is DUI/DWI charges in New Jersey, you should immediately hire an experienced New Jersey drunk driving defense attorney who will fight to protect your rights and privileges.

Drunk Driving in New Jersey for Out of State Drivers – IDLC

Unlike most states, New Jersey does not have an administrative Department of Motor Vehicles process to suspend a motorist’s license following an arrest for drunk driving. However, the state is a party to the Interstate Driver’s License Compact (IDLC). The IDLC is an agreement between 45 states to exchange information about driving-related crimes, including drunk driving.

The only states that do not belong to the IDLC are Wisconsin, Massachusetts, Tennessee, Georgia, and Michigan. All other states have an agreement to notify the others of a drunk driving conviction.

In other words, if an out of state motorist is convicted of a DWI/DUI in the state, New Jersey will notify all of the 49 states of the conviction. In most cases, the home state will impose a separate suspension in addition to New Jersey’s suspension or will honor the length of New Jersey’s suspension in the home state.

Consequences of a Drunk Driving Arrest for Out of State Drivers

If you are pulled over for drunk driving in New Jersey and you have an out-of-state driver’s license, several things can happen:

Immediate Consequences

  • Arrest: You will likely be arrested and taken to a police station.
  • Sobriety Tests: You will be subjected to field sobriety tests and a Breathalyzer test to determine your blood alcohol concentration (BAC).
  • Vehicle Impoundment: Your vehicle may be impounded.

Legal Process

  • Charges: You will be charged with driving under the influence (DUI) in New Jersey.
  • Court Appearance: You will need to appear in a New Jersey court to face the charges. Failing to appear can lead to further legal complications.
  • Penalties: If convicted, penalties can include fines, community service, mandatory alcohol education programs, and even jail time, depending on the severity of the offense and your prior record.

Impact on Your Driver’s License

  • License Suspension in New Jersey: New Jersey may suspend your driving privileges within the state.
  • Notification to Home State: New Jersey will notify your home state about the DUI. Most states participate in the Interstate Driver’s License Compact, which means your home state will likely take action based on the New Jersey conviction.
  • Home State Penalties: Your home state may impose its own penalties, such as suspending or revoking your driver’s license.

Long-Term Consequences

  • Insurance Rates: Your auto insurance rates will likely increase significantly.
  • Criminal Record: A DUI conviction will go on your criminal record.
  • Future Employment: A DUI conviction can affect future employment opportunities, particularly those that require driving.

Call a DWI Attorney in New Jersey

If you or someone you know has been issued a DWI citation or arrested for drunk driving in New Jersey, an experienced attorney can help. Call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404 to schedule a free, complimentary consultation with our legal team today.

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Dan T. Matrafajlo

Dan T. Matrafajlo

NJ State Bar: #031722003

Dan T. Matrafajlo, Esq., is the managing member and lead partner at Beninato and Matrafajlo, Attorneys at Law, LLC. Renowned for groundbreaking contributions to personal injury law, he has set legal precedents with influential Appellate decisions and garnered recognition in the New Jersey Law Journal. A consistent honoree on Super Lawyers' Rising Star list for the past five years, Matrafajlo's litigation prowess is widely acknowledged. He has won various awards like Super Lawyers, Thomson Reuters Association 2019, and Nominated into Super Lawyers as a Rising Star from 2012 until the Present.

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