Toms River New Jersey Driving While Intoxicated (DWI) Lawyer
The Iler Law Firm represents clients charged with drunk driving, DWI, DUI, and refusal to submit to a breath test throughout New Jersey including in Old Bridge, Toms River, Brick, and Woodbridge. Please contact our office for a free initial consultation with an experienced criminal defense lawyer at (732)842-7787.
We are often consulted by potential clients who have a New Jersey driver's license and have been charged and convicted of drunk driving in another state. The most common question is: What effect will this out of state DWI conviction have on my New Jersey driver's license? There are three main effects of an out of state drunk driving conviction on your New Jersey driver's license: 1) Administrative suspension; 2) DMV Surcharges and 3) Sentencing enhancement for a future DWI charge in New Jersey.
Administrative Suspension as a Result of an Out of State DWI Conviction
If you are convicted or plead guilty to a drunk driving offense in another state and you have a New Jersey license, a record of this conviction will be sent to the New Jersey Motor Vehicle Commission. This is accomplished based on the Interstate Driver License Compact whereby states share information regarding motor vehicle violations. Then, after the MVC receives notice of the conviction, the Chief Administrator will typically suspend the driving privlieges of the New Jersey driver. The length of this suspension will be based on the New Jersey drunk driving statute, N.J.S.A. 39:4-50. The suspension will be in accordance with the minimum sentence imposed based on the number of DWI convictions on the driver's record.
DMV Surcharges Based on Out of State DWI Conviction
A reported out of state drunk driving, DWI, or DUI conviction will also lead to the imposition of surcharges by the New Jersey Motor Vehicle Commission. The surcharge will be assessed at $1000 a year for three (3) years.
Sentencing Enhancement for Future DWI Charges
Under N.J.S.A. 39:4-50(a)(3), a violation of any law that is substantially similar to New Jersey's DWI statute will constitute a prior conviction for sentencing purposes. Thus, if you have a prior out of state DWI conviction and are charged with drunk driving in New Jersey, this will most likely be considered a second offense DWI in New Jersey. Remember, this is significant as the penalties imposed are significantly increased for a second or third offense DWI in New Jersey. For example, the license suspension is two (2) years for a second offense DWI, while the license suspension on a first offense DWI is only seven (7) months to one (1) year.
