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Out-of-State Drivers Charged with DWI in New York

A DWI arrest far from home raises its own worries: your home license, whether you have to keep coming back to New York, and how to defend the case from out of state. Here is how it works.

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New York arrests plenty of drivers who live somewhere else, commuters from New Jersey and Connecticut, visitors, truckers passing through, and travelers from abroad. A DWI charge here creates a few extra wrinkles for a driver who is not licensed in New York, but none of them are reasons to panic, and most can be managed so that you are not making constant trips back to court.

What happens to your home license

New York can suspend or revoke your privilege to drive in New York, but it cannot directly revoke a license issued by another state. What it can do is report the matter. Because most states share information through the interstate compact that governs driver records, a New York DWI conviction is typically transmitted to your home state, which then applies its own rules, and those rules vary widely. Part of defending an out-of-state driver is understanding how the home state will treat whatever happens here.

Do you have to come back for every court date?

Often, no. In many misdemeanor DWI cases an attorney can appear on your behalf for routine court dates, so you are not taking a day off and traveling to New York for each one. That is one of the practical advantages of having local counsel handle the case: you stay home, keep working, and come to New York only if and when your personal appearance is genuinely required.

The conditional privilege to drive in New York

Because the DMV cannot issue a New York conditional license to someone who holds an out-of-state license, New York provides a conditional privilege of operating a vehicle in this State. It works much like a conditional license, allowing the same categories of limited driving, but without requiring a New York license, which is what previously left out-of-state commuters and truck drivers stuck. See conditional license and the Impaired Driver Program.

Commercial drivers

If you hold a commercial driver's license, the stakes are higher: a DWI, even in your personal vehicle, can jeopardize your CDL and your livelihood under stricter federal and state standards. These cases deserve especially careful handling, and quickly.

Talk it through first. If you were arrested in New York but live elsewhere, call Jonathan at (516) 790-6618 before your court date. He can explain exactly what your case will require of you. 24/7.
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