DUI in NY, license in NJ

[FatherInNJ]

Hi

I got a first level DUI (1192.1) in Manhattan last March. I blew 0.093.
Besides arrest, fines and other things, I can't drive in NY state for 90 days.

A report will be sent to NJ DMV, and I will get hefty surcharges for 3 years.

But, much more worrisome to me is the possible suspension in NJ: NJ automatically suspends a driving license for 90 days even if a driver is convicted in NY.
However, I heard that it takes some time for the report to be transmitted from NY; and that if it takes more than 90 days, the suspension in NJ actually has no effect since it's based on the conviction date.

Is that true? Thank you.

 

[HighwayMan]

Hi
I got a first level DUI (1192.1) in Manhattan last March. I blew 0.093.
Besides arrest, fines and other things, I can't drive in NY state for 90 days.

Firstly, there is no DUI in New York State - it's DWI. There are no "levels". Are you saying you were convicted of VTL 1192 (1)?

That is NOT DWI - that is DWAI - driving while ability impaired. It is common to plea a DWI down to a DWAI. Is this what happened? I am assuming so since the .093 is, in fact, per se DWI.

 

[HighwayMan]

I just took a look at the NJ Motor Vehicle Commission website. I have no time now to be looking through the NJ motor vehicle laws.

There seems to be no equivalent of a DWAI in NJ - if you're under a .08 there is no penalty listed. I don't know how NY will report this conviction to NJ - you need to get in touch with the MVC and ask them directly.

It would also be unusual in my experience for the suspension to start based upon conviction date. It would seem more likely that it's simply a penalty to pay and the clock can start ticking any time, but again, you need to ask the MVC to be sure.

A ninety day suspension is a very minor penalty. If you had been convicted of a DWI it would be a minimum of 6 months in NY.

 

[FatherInNJ]

I just took a look at the NJ Motor Vehicle Commission website. I have no time now to be looking through the NJ motor vehicle laws.

There seems to be no equivalent of a DWAI in NJ - if you're under a .08 there is no penalty listed. I don't know how NY will report this conviction to NJ - you need to get in touch with the MVC and ask them directly.

It would also be unusual in my experience for the suspension to start based upon conviction date. It would seem more likely that it's simply a penalty to pay and the clock can start ticking any time, but again, you need to ask the MVC to be sure.

A ninety day suspension is a very minor penalty. If you had been convicted of a DWI it would be a minimum of 6 months in NY.

You are correct, it's definitely a 1192.1, so a DWAI in NY.

90 days can seem a minor penalty but it can also be a major problem, depending on one's own work, family, health and residential condition. In same cases, it's devastating.

The person who told me the story of the 90-days NJ suspension starting from the NY conviction date is a NY DWI attorney, but I am not too sure he knows what he's talking about when it comes to NJ. Do you think he BS-ed me?


I've been a real idiot for driving while impaired. But, I still find very unfair to have to pay double penalties in 2 states. I had my community service in NY already, plus $ 550 of court fees; and while NY DMV has surcharged me for $ 750, NJ MVC will for $ 3000 - four times more! What kind of Interstate "compact" is this? My violation was in NY, not in NJ.
Also NJ doesn't allow conditional driving license of any kind. How have we (NewJerseyites) allowed to be screwed-up like this from our legislators?
A first-time offender should be allowed to redeem himself. And it's not taking away his license, jeopardizing his job and putting at stake his chances to support his family that redemption will occur.

 

[FatherInNJ]

There seems to be no equivalent of a DWAI in NJ - if you're under a .08 there is no penalty listed. I don't know how NY will report this conviction to NJ - you need to get in touch with the MVC and ask them directly.

QUOTE]


One more thing. On the NY court disposition, a few lines below the part where 1192.1 is marked, I was ordered to take a DDP. Right next to the checkmark for the DDP there's my alcohol level, 0.093. So even if they gave me the lowest penalty in NY, there's still a record of my being over 0.08 (and how could it be otherwise, since it was recorded by 2 different Breathalyzers).

thanks for your help

 

[HighwayMan]

One more thing. On the NY court disposition, a few lines below the part where 1192.1 is marked, I was ordered to take a DDP. Right next to the checkmark for the DDP there's my alcohol level, 0.093. So even if they gave me the lowest penalty in NY, there's still a record of my being over 0.08 (and how could it be otherwise, since it was recorded by 2 different Breathalyzers).

I doubt you were tested by a Breathalyzer. I'm sure you;re using the generic term. And why were you tested twice using two different machines? Was one a hand held device? If so it is inadmissible in court and means nothing.

You DID get the lowest penalty in NY. I cannot be sure what gets reported to NJ. You'll have to wait and see. You can also try consulting with a NJ attorney who specializes in such matters.

 

[HighwayMan]

90 days can seem a minor penalty but it can also be a major problem, depending on one's own work, family, health and residential condition. In same cases, it's devastating.

Not as devastating as it would have been if you had killed or injured yourself and/or another. There are always transportation alternatives, although they may be unpleasant.

The person who told me the story of the 90-days NJ suspension starting from the NY conviction date is a NY DWI attorney, but I am not too sure he knows what he's talking about when it comes to NJ. Do you think he BS-ed me?

I have no idea. Is this attorney admitted in NJ? Does he practice in NJ? I would probably look for a consultation with a NJ attorney and/or contact the MVC and get information from them.

I've been a real idiot for driving while impaired. But, I still find very unfair to have to pay double penalties in 2 states. I had my community service in NY already, plus $ 550 of court fees; and while NY DMV has surcharged me for $ 750, NJ MVC will for $ 3000 - four times more! What kind of Interstate "compact" is this? My violation was in NY, not in NJ.

You were caught and convicted in NY. NJ licenses you and may impose administrative penalties as they see fit.

Also NJ doesn't allow conditional driving license of any kind...A first-time offender should be allowed to redeem himself. And it's not taking away his license, jeopardizing his job and putting at stake his chances to support his family that redemption will occur.

Well, I don't think you'll get too much sympathy here. "Don't do the crime if you can't do the time", as Beretta used to say. I applaud NJ not having a conditional license - I have seen conditional and restricted licenses abused here in NY. That is the system you have to live with and that's your penalty. There's not much you can do here. Again, you can try consulting with a NJ attorney in order to find out what options, if any, you may have.