The consequences for driving while intoxicated (DWI) or driving under the influence (DUI) are serious, both in New Jersey and out of state. Drivers with out-of-state licenses arrested for a DWI could lose their driving privileges, pay steep fines, and even face jail time in New Jersey as well as their home state.
Out-of-state DUI laws vary by jurisdiction, but a DUI conviction could stay on your record for years and interfere with your personal and professional reputation. An out-of-state DUI lawyer with Keith Oliver Criminal Law can help you understand your legal options, protect your rights and freedoms, and fight back against the charges you’re facing. Contact us today for a free consultation.
Consequences for a DWI in Another State
The consequences of getting a DWI in another state depend on the laws and regulations of that specific state. In general, here are some of the penalties you could face for an out-of-state DUI conviction:
DWI penalties in most states include:
- License suspension
- Mandatory alcohol education or treatment programs
- Community service
- Jail time
The severity of the consequences can depend on various factors, such as your blood alcohol concentration (BAC), any previous DUI convictions, and any exacerbating circumstances of your alleged offense.
If you receive a DUI in another state, your driving privileges could be suspended or revoked. You could also face additional penalties from your home state’s Department of Motor Vehicles.
Ignition Interlock Device (IID)
Some states, including New Jersey, require individuals convicted of a DWI to install an ignition interlock device in their vehicles. This device measures the driver’s BAC before allowing the car to start. If you receive a DWI in a state that mandates IID installation, you may have to pay for one for your vehicle – even if you live in another state.
Higher Insurance Rates
A DUI conviction can significantly impact your auto insurance rates. Insurance companies may view you as a high-risk driver and raise your premiums or even choose to cancel your policy.
Consequences for a DWI in New Jersey
The consequences for an out-of-state driver charged with a DUI in New Jersey can be severe. Specific penalties depend on blood alcohol concentration (BAC), prior drunk driving offenses, and injuries to others. Here is an overview of New Jersey’s DWI penalties:
- Fines ranging from $250 to $1,000
- Up to 180 days in jail
- Annual car insurance surcharge
- Ignition interlock device installed on a vehicle
- Up to 30 days of community service
- Participation and evaluation in a state Intoxicated Driver Resource Center (IDRC)
- Suspended license
DUI Legal Limits
The legal limit for blood alcohol concentration (BAC) in New Jersey is 0.08 percent. For those with a commercial driver’s license (CDL), the DUI legal limit is 0.04 percent. Drivers under 21 can be charged with a DUI for a BAC of 0.01 percent or above, and additional penalties for underage drinking may apply.
Neighboring States Regulations
The legal BAC limit for non-commercial drivers in neighboring states New York, Delaware, and Pennsylvania is 0.08 percent, the same as New Jersey’s limit.
Drunk driving laws can change, and penalties for a specific driver depend on prior convictions and circumstances. Here is a brief overview of DUI regulations in the states that border New Jersey:
- New York – The legal BAC limit is 0.02 percent for drivers under 21 and 0.04 percent for commercial drivers. Drivers with a BAC of 0.05 to 0.07 percent may be charged with Driving While Ability Impaired by Alcohol (DWAI/Alcohol). Penalties for a DUI conviction in New York can include fines, license suspension, and potential jail time.
- Pennsylvania – For drivers under 21, any amount of alcohol has legal consequences, while the legal limit for commercial drivers is 0.04 percent. Consequences on conviction can include fines, license suspension, mandatory alcohol treatment, ignition interlock devices, and potential imprisonment.
- Delaware – The legal BAC is 0.04 percent for commercial drivers and 0.02 percent for drivers under 21. Penalties for a DUI conviction in Delaware may include fines, license suspension, mandatory alcohol counseling, ignition interlock devices, and potential jail time.
Will an Out-of-State DUI Show Up on a Background Check?
An out-of-state DUI will likely show up on a background check. Many states – including New Jersey – participate in the Interstate Driver’s License Compact (IDLC), which allows states to share information regarding traffic violations and license suspensions. If your home state is a member of the IDLC and you receive a DWI in another participating state, your home state’s DMV will likely be notified. They may take action against your driver’s license.
In most instances, the driver’s home state will either enforce an additional suspension alongside the one imposed by New Jersey or acknowledge the duration of the suspension imposed by New Jersey.
What to Do If You Get an Out-of-State DUI
Because a DWI conviction can have severe and long-term consequences, including possible imprisonment, contact a local DWI defense attorney if you’re facing charges. They know state laws and procedures and can help you understand your legal options.
If required to appear, attend all scheduled hearings. Failure to appear can lead to additional charges and further consequences. Comply with the terms of your sentence, such as completing DUI education programs, community service, or probation, as determined by the court. These steps can all help you and your attorney pursue the best outcome, given the charges.
Contact an Out-of-State DUI Lawyer
Not all attorneys accept out-of-state DUI cases. But at Keith Oliver Criminal Law, we are proud to take on criminal defense for DWI cases involving New Jersey and visiting drivers. You have the right to a vigorous defense to protect your good name and reputation. Our experienced attorneys help drivers with DUI/DWI charges, traffic violations, domestic violence claims, and sex crimes.
Contact Keith Oliver Criminal Law for a free consultation about your out-of-state DUI case.