Out of State Motorist with DUI in New York State

Due to the nature of modern-day commerce, it is not uncommon for drivers to travel between states for work. Additionally, people also travel between states to visit family, friends or perform various other recreational activities. If you are a driver that frequently travels into or out of New York, it is important to be aware of both the Interstate Driver's License Compact and National Driver Register.

The Interstate Driver's License Compact mandates that each member state treat a DUI conviction received in another member state the same as in-state conviction. What this means for travelers is that any DUI received in New York will carry over to their home state.

Since DUI convictions stack in terms of penalties and fines, activities in New York will affect your out-of-state license. Under the Interstate Driver's License Compact, a member state's version of the DUI law is evaluated and compared to New York's statute. If it is similar enough, the conviction will be given reciprocal effect. Member states are then legally bound to report a conviction to the respective licensing jurisdiction.

What this means for drivers is that your out-of-town can be at risk of suspension or revocation based on New York State alcohol and drug related offenses, even if your home state statute does not contain the same exact language as New York DUI laws.

A DUI attorney will know how to evaluate the language of any member states’ respective DUI status. In certain situations, careful arguments can be made to shield out-of-state motorists from the Interstate Driver's License Compact.

Motorists should also be mindful of the National Driver Register Act. The NDR is separate from the above Compact and is a federal database of driving information across all states. This database includes information on licenses, status of licenses, convictions of certain offenses and other such information. The database utilizes a tool called the Problem Driver Pointer System, based on the above information, to evaluate whether an individual should obtain a license in another state. The NDR is currently accessible by all individual states and is systematically checked upon all license applications.

If you find yourself facing a New York DUI charge as an out-of-state resident, it is in your best interest to contact a professional who can guide you through the process. It is never a good idea to ignore a New York State charge under the belief that it will not affect you at home.