Out-of-State Convictions

A prior out-of-state conviction for operating a motor vehicle while under the influence of alcohol or drugs is generally deemed to be a prior conviction of DWAI in New York.

In addition, where a New York licensee is convicted of operating a motor vehicle while under the influence of alcohol or drugs in another State, his/her driver's license will be revoked for:

1. 90 days, if the licensee is 21 or older;
2. 1 year, if the licensee is under 21 and is a first offender; or
3. 1 year or until age 21, whichever is longer, if the licensee is under 21 and is a repeat offender.

Out-of-State Licensees

Virtually all States now report alcohol- and drug-related driving convictions back to the driver's home State. Thus, if you drive in New York on an out-of-state driver's license and you are charged with DWI, a conviction of DWI or DWAI will almost certainly be reported back to your home State's Department of Motor Vehicles. In this regard, your home State will likely penalize you as if you had received the DWI charge there. Since many States punish DWI offenders more severely than New York does, you may wish to contest the charge in New York in an attempt to avoid such consequences.

Regardless, it is particularly important that out-of-state licensees consult with an experienced New York DWI attorney in order to discuss and fully understand their options.