PA - NY Compact on DWAI

[cooleyla]

Hi,

I was charged with DWI/DWAI/crossing the line in NYS. I blew a 0.06. I knew I was not drunk, so I went directly to a hospital to get a blood alcohol test. That test was administered 1 hour, 15min later and it registered 0.03.

The Asst. DA in NYS is offering me DWAI with a $350 fine and a 90-day license suspension. (Dropping the DWI and crossing the line).

However, I have a PA license.

My question is this, what happens if I plead guilty in NYS? In PA, I believe I would not have even received a ticket for DWAI, since the minimum is 0.08. However, how does the Compact effect this? Would PA also suspend my license?

Thanks a lot for any advice!!!What is the name of your state (only U.S. law)?

[HighwayMan]

You can be convicted of DWI just based on observation and with no breath test.

What do you mean you "blew"? What did you blow into? Obviously it didn't count since you went to have blood drawn.

And if you are suspended in NY that means your privilege to drive in this state is suspended. Your PA license would still be valid in 49 other states.

It should be relatively easy to find out from PA DMV what would happen with an out of state conviction for DWAI.

[cooleyla]

I mean that I blew in the sherriff's breathalyzer machine a 0.06 blood alcohol level. This is under the minimum of 0.08 blood alcohol level in PA and would not qualify for a ticket for anything, while it registers for DWAI in NYS.

There is a "compact" between PA and NY. I am asking if anyone knowledgeable of the Compact could give me any feedback. And thanks very much in advance for your help.

[Taper420]

Originally Posted by HighwayMan

You can be convicted of DWI just based on observation and with no breath test.

What do you mean you "blew"? What did you blow into? Obviously it didn't count since you went to have blood drawn.

And if you are suspended in NY that means your privilege to drive in this state is suspended. Your PA license would still be valid in 49 other states.

It should be relatively easy to find out from PA DMV what would happen with an out of state conviction for DWAI.

That's really only half true, as I went through the same situation except between PA and VA (where penalties are much harsher). My privileges were suspended for 30 days in PA, but they did not physically take (nor ask for) my VA DL. A few days before the 30 day suspension was up I received a letter from VA DMV saying my license would be suspended indefinitely until I provided them with documentation that my privileges were restored in PA. I did that, and everything was fine. But they could have also suspended me for a year (which is their first offense punishment).

It all really depends on how deep your home state DMV wants to look into it. I've heard of it going all ways. Driving with a suspended license in another state is always illegal and the cop will most likely find out once he pulls you over because of the NDR.

[foot]

If this is your first offense, you will not face any action from PA. Even for a DUI, PA will not suspend your license for an out of state offense if it is your first. You will only need to deal with the NY penalty

[HighwayMan]

Originally Posted by cooleyla

I mean that I blew in the sherriff's breathalyzer machine a 0.06 blood alcohol level.

Again, why did you go for blood if you blew? Did you blow at roadside? If so then it means nothing.

A portable breath tester means nothing and does not even establish probable cause.