What happens if you get a New Jersey DWI/DUI but your license is from another state? New Jersey only has jurisdiction over New Jersey licenses so New Jersey can’t suspend your out of state license. They can however suspend your privilege to drive in New Jersey.
Your license would be good in every other state but New Jersey but, you’re not out of the woods yet. There is something called the interstate compact. Almost all states (all but a handful) are subscribers to this compact under which New Jersey would tell your home state about the DWI/DUI and then your home stay could take administrative action on your license.
You would need to consult an attorney in your state to find out what would happen under the compact. Attorneys like me who focus on DWI cases are often part of DUI defense groups where we can ask for some advice from colleagues in other states and put you in touch with someone if necessary. This shows how complicated the dwi licensing rules are and why you need an attorney who focuses on these cases. Without that, you may end up thinking you’re getting a good deal only to have the hammer drop in your home state. You could find yourself unable to drive. Make sure you consult with an attorney who is familiar with interstate compact issues.
Just discovered that google has a special place to find online meetings so that you can keep up with recovery and support during the social distancing requirements of Covid19.
A DWI checkpoint is an exception to the constitution. The general rule is that you can’t be stopped by police for no reason. In a checkpoint the police set up a program to stop drivers for no specific reason just to see if they are impaired. In order for a checkpoint to valid and stand up in court it needs to meet certain criteria.
For example it needs to be publicized in advance to give notice to the public.
It must be established via a set of guidelines and rules.
It must be overseen at a programmatic level not just by a few officers with nothing else to do.
Records must be kept of who was stopped and what arrests were made.
The checkpoint must be authorized via a justification based on reason and statistics explaining why the location date and time was chosen.
These are very specific and often the police have problems showing these checkpoints were done correctly. This issue can be a way into win a DWI case. If you want to talk about a questionable checkpoint in your case give me a call and let’s chat about it. 212-372-7218 or 973-854-0008
Tag someone you know who deserves this. Go to www.facebook.com/thekugellawfirm
Like, follow, and tag. The winners will be announced on our page on Mother’s Day.
If you or someone you love just got a dwi in New York or New Jersey your head is probably spinning with all the ways this can change your life. For many people this charge is the first time they e had any contact with the justice system. Dwi affect nice normal regular people like you every day.
There’s a lot to navigate, like dealing with the system, judges, lawyers, speaking in court, court rules. There’s fears around the possibility of jail time. Panic over not being able to drive. Worry about your job finding out or the local newspaper publishing intro about the arrest. Concern about skyrocketing insurance rates. Maybe you have collateral consequences like a medical license or immigration issues that could end you in removal proceedings. These are all very real concerns. Here’s the good news…we’re easy to talk to and we’ve been doing this for fifteen years. We’ve seen it all. We’re ready to help you navigate these issues and more and get out of this with minimal impact to your life. My goal is for this to a be a bump in the road for you rather than a life changing event. Call me and we’ll see if I can help.
The Kugel Law Firm team has been handling New York DWI and New Jersey DUI cases for fifteen years. Call us 212-372-7218 or 973-854-0098
When is a DWI a felony in New York?
A DWI or DUI in New York can become a felony in a couple of ways. First, if you’ve had a prior DWI within the last ten years the new DWI/DUI can be upgraded to a felony by prosecutors in New York.
So if it’s not a first offense that’s one way to end up with a felony change in New York.
Another possibility is under what’s known as Leandra’s Law. If you get a DWI/DUI even a first offense and you have a child 15 or younger in the car the resulting charge is a felony DWI.
If you’re facing a felony DWI/DUI the penalties you are exposed to can range from probation to state prison. A good lawyer can make all the difference.
Our team would love to talk to you about how we can help in your case.
The case took a long time and involved a New York DUI and a DWI checkpoint that we believed was no valid. After a bench trial, we got the “not guilty” verdict we were hoping for. Justice prevailed.
Where I practice in New York and New Jersey there is no difference between a DWI or DUI. They are interchangeable. Sometimes you’ll hear people refer to it one way sometimes another but either way the penalties and issues are the same. So DWI or DUI whatever you prefer to call it give me a call and I’ll help you figure out the best defense for yours.
212-372-7218 or 973-854-0098
-First Offense With BAC .08 to less than .10:
Many first offenders can reduce or eliminate their time off of the road due to a DWI or DUI charge in New Jersey. The Statute speaks of license “forfeitures” rather than suspensions or revocations. Upon a finding of guilt to a first offense DWI/DUI the motorist will have their privilege to drive forfeited for an indefinite period of time until they install an ignition interlock device on the motor vehicle they own or operate.
With a BAC of .08 to less than .10 the ignition interlock device must remain in the motor vehicle for a period of three months.
-First Offense With a BAC .10-less than .15:
At this BAC level, upon a finding of guilt the motorist will have their privilege to drive forfeited for an indefinite period of time until they install an ignition interlock device on the motor vehicle they own or operate.
With a BAC of .10 to less than .15 the ignition interlock must remain in the motor vehicle for a period of seven to twelve months.
-First Offense With a BAC of .15 and Higher:
At this BAC level, upon a finding of guilt the motorist will have their privilege to drive forfeited for an indefinite period of time until they install an ignition interlock device on the motor vehicle they own or operate. At this level the motorist must be sentenced BOTH to the installation of an ignition interlock device AND a period of license suspension.
The ignition interlock is required to be placed on the motor vehicle in order to begin the suspension period which can range from four to six months. Thereafter, the motorist must keep the ignition interlock device on the motor vehicle upon restoration of their privileges for a period of nine to fifteen months thereafter.
-Second and Third Offenses:
Regardless of the BAC reading, a finding of guilt on a second offense DWI or DUI in New Jersey will result in a period of license suspension/revocation from one to two years. The ignition interlock device is required during the period of suspension and for two to four years thereafter.
Regardless of the BAC reading, a finding of guilty on a third offense DWI or DUI in New Jersey will result in a period of license suspension for eight years. The ignition interlock device is required during the period of suspension and for two to four years thereafter.
*This guide specifically addressed periods of license loss and ignition interlock device requirements. It should be noted that DWI and DUI in New Jersey comes with additional penalties beyond those addressed in this guide such as fines, surcharges, jail and, community service.