When you are driving in a state, you are subject to all of the traffic laws and regulations in that state, including driving while intoxicated (DWI) rules. If you have an out of state license and were arrested in New Jersey for a DWI, you need to reach out to a skilled New Jersey DWI attorney who can assess the merits of your case. In these situations, there may be specific issues that could complicate your case and interfere with your driving privileges in your home state. DWI charges should never be taken lightly because they can have far-reaching consequences for many aspects of your life.
New Jersey is part of what is known as the Driver License Compact (DLC), a system including 45 states, which requires member states to report traffic tickets received by a driver to their home state. Put simply, the DLC allows states to exchange information concerning traffic violations, including DWI offenses. The only states that are not members of the DLC are Tennessee, Georgia, Massachusetts, Wisconsin, and Michigan.
In the state of New Jersey, the offense of a DWI consists of driving with a Blood Alcohol Concentration (BAC) of 0.08 percent or higher. Even if your BAC is less than 0.08 percent, you could be charged with a DWI if you consumed any amount of alcohol that impaired your ability to drive. If you are under the age of 21, you will be charged with a DWI if you have any alcohol in your system, even as little as 0.01 percent.
In some cases, the New Jersey DWI statute will allow the use of out of state DWI convictions for sentencing purposes against you in a New Jersey court. In other words, if you have a prior conviction from your home state and are convicted of a DWI in New Jersey, the first offense in your home state could be counted against you. Thus, you could be considered a second offender if the first violation in your home state was for a DWI of a substantially similar nature. It is, however, possible to exclude the out of state conviction through proof that the conviction was based solely upon a violation with a BAC of less than .08 percent.
New Jersey has the authority to suspend your license in New Jersey for a DWI. As mentioned above, New Jersey will report the violation to your home state. In most cases, the home state will suspend your license as well, according to its own DWI guidelines. This will take place in addition to the New Jersey suspension.
If you have been arrested in New Jersey for a DWI, but you have an out of state driver’s license, it is imperative to seek the help of a New Jersey DWI lawyer as soon as possible. Even though you may not live in New Jersey, you are still accountable for a DWI under New Jersey law. We are well versed in this area of law, and you can rest assured that we can vigorously defend your case. To learn more, do not hesitate to call us at 877-450-8301 or contact us online.
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