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Out of state DWI, not in vehicle

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DaBearsFan

Junior Member
What is the name of your state? New York/Florida

My G/F just got a DWI and apparently this is what happened.
She is visiting her family in a town outside of Buffalo, NY and left the bar. She was driving her dads car and hit another car when she was leaving w/o knowing. Someone wrote down the license and called the cops. She went home and was in the driveway outside the car talking to her friend when the cops pulled up. She gave a breathalizer but when she got to the station refused a blood test. Stayed overnight in jail and was bailed in the morning for 1000$.

What can she expect to happen? She was pissed at the cop so I know that isn't going to help her case. Also she was pretty wasted, thus the DWI. Unsure of what she blew on initial breathalizer. Does it help her case that she was already at her house and not in the car? I am pretty sure if you refuse the blood test you get your license revoked for a year, correct? Anyway to get this reduced, for instance to go to work? Thanks.
 


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sjmjuly

Member
The DWI laws in the state of New York will apply as she was there when arrested. And no, it doesn't help that she was pissed and probably nasty to the cop.
If she is licensed in the state of Florida, New York does not have the authority to suspend her Florida driver's license, but WILL suspend her driving priviledges in New York. I am not familiar with the New York adminstrative suspension laws, but I think she will not be able to drive in New York until after she goes to court. (Google New York DWI adminstrative suspension)
She needs to contact a DUI/DWI lawyer that is familar with the county where she was arrested. They know the laws and the steps she needs to take to minimize the situation. But I will say it doesn't look good. She drove drunk, hit a car and left without stopping. Whether or not she knew she hit the car means nothing. The court will state she would have known she hit the car if she wasn't drunk. Being at home in the driveway and not in the car makes no difference and it doesn't help her case.
The outcome will all depend on what tickets she was issued and is this her first DWI. In addition, if she did any damage to the car she hit she is going to have to deal with that. If she's convicted, New York will notify Florida and her Florida license will more than likely be suspended for a period of time. She needs a lawyer to discuss a restricted license.
 
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BigMistakeFl

Senior Member
BigMistakeFl

A license suspension in NY will mean a license suspension in FL, whether or not the cops took said license from her. For her to attempt to drive in any state now would mean she is driving with a suspended license.

Being at "home base" is not a defense, unless she can prove that she was sober when she whacked the car and got very drunk after she arrived home. That's a stretch, and the evidence against her sounds strong. She will need a DUI lawyer, as posted above. She should brace herself for the penalties for a first offense DUI.
 
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sjmjuly

Member
BigMistakeFl said:
A license suspension in NY will mean a license suspension in FL, whether or not the cops took said license from her. For her to attempt to drive in any state now would mean she is driving with a suspended license.



Not necessarily. There are two actions that occur when someone is arrested for DUI/DWI: There is the adminstrative suspension (first action) the DMV takes against your driving priviledges, and the second is the court action. Whether or not the state of New York notifies the state of Florida of the ADMINSTRATIVE SUSPENSION is still a mystery to me. I have looked everywhere to see where it is written that an out of state driver arrested for DUI/DWI receieve a notice in their home state of the adminstrative suspension. I know this first hand as I was arrested in Maryland for DWI, live and am licensed in another state and my license was not suspended in my home state. I wasn't allowed to drive in Maryland for 45 days, but my home state license was (and is) still valid. After I went to court I was not convicted, so there is no conviction to report to my home state. Therefore, my license will not be suspended. Now, with that said, if the OP IS convicted after the court proceedings, New York WILL notify Florida of the CONVICTION and the posters Florida license will be suspended just as if she was arrested in her home state.
If I am incorrect on this I would love someone to show me where it states administrative suspensions are transferred to the home state. I looked everywhere and never saw anything solid.
Click to expand...
 
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BigMistakeFl

Senior Member
BigMistakeFl

I speak of a license being suspended, following a conviction and when the driver did not prevail in any DMV hearing. License suspension and revocation information is shared with all states. No state may issue a driver license if there is an active suspension or revocation in any other state. If your suspension or revocation originated in another state, you must follow that state's reinstatement procedures.

Driver License Compact (DLC) is an interstate compact used by States of the United States to exchange information concerning license suspensions and traffic violations of non-residents and forward them to the state where they are licensed known as the home state. Its theme is One Driver, One License, One Record. The home state would treat the offense as if it had been committed at home, applying home state laws to the out-of-state offense. The action taken would include, but not be limited to, points assessed on a minor offense such as speeding and suspension of license for a major violation such as DWI/DUI.
 
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sjmjuly

Member
BigMistakeFl said:
I speak of a license being suspended, following a conviction and when the driver did not prevail in any DMV hearing. License suspension and revocation information is shared with all states. No state may issue a driver license if there is an active suspension or revocation in any other state. If your suspension or revocation originated in another state, you must follow that state's reinstatement procedures.

Driver License Compact (DLC) is an interstate compact used by States of the United States to exchange information concerning license suspensions and traffic violations of non-residents and forward them to the state where they are licensed known as the home state. Its theme is One Driver, One License, One Record. The home state would treat the offense as if it had been committed at home, applying home state laws to the out-of-state offense. The action taken would include, but not be limited to, points assessed on a minor offense such as speeding and suspension of license for a major violation such as DWI/DUI.
Click to expand...

Got it. I agree with what you have posted here. I know things transfer as I have had a speeding ticket in another state that showed up on my home state license, so I know things are shared between states. It's just the administrative actions that usually don't show. Once convicted, your sure to have issues in your home state.
 
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BigMistakeFl

Senior Member
BigMistakeFl

It's a mystery as to how long it takes for the license confiscation and charge to hit the DMV computers from some states to others. Best advice is if you've been arrested for DUI, whether tests were taken or refused, don't drive at all. To risk driving on a suspended following that arrest would be foolish.
 
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mayday

Junior Member
from MAYDAY, Iowa 22yr old dwi. When did DLC (drivers license compact)go into effect? does it allow for "grandfathering" old info?
 
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