When you are driving in the State of New Jersey, you are subject to New Jersey's Motor Vehicle Laws, including N.J.S.A. 39:4-50, which governs drinking and driving. However, because you are not licensed in the State of New Jersey, this can often effect the license suspension imposed as a result of a DWI charge. Therefore, all that New Jersey can do, based on jurisdiction, is limit the driver's ability to drive in the State of New Jersey as a result of a DWI conviction. The effect of a DWI conviction in New Jersey is a suspension in New Jersey and the associated fines. As a result, the Department of Motor Vehicles (DMV) in the individual's home state will determine what, if anything, will happen to the individual's license in their home state.
However, the Drivers License Compact (also known as "Interstate Compact") requires that all states report any and all motor vehicle moving violations (which include DWI charges) to the state where the licensed was issued. Therefore, the state where your license was issued can, and in many cases will, take action as a result of your NJ DWI charge. Further, you are often facing fines in both New Jersey and your home state as a result of your DWI charge.
Thus, an out of state driver or resident should always contact an experience drinking and driving lawyer to handle their DWI defense. Our criminal defense attorneys are available immediately for a free initial consultation.
