Out of State Driver Charged With DWI in New Jersey

DWI Charges Against a Driver from Another State

West Milford NJ DWI Attorneys

A conviction for Driving While Intoxicated in New Jersey, pursuant to N.J.S.A. 39:4-50, or Breathalyzer Refusal, pursuant to N.J.S.A. 39:4-50.4, can have serious consequences. The issues surrounding a conviction are, however, different if the defendant is license to drive in a state other than NJ. The reason for this stems from the fact that the State of New Jersey does not have the legal authority to revoke a driver’s license issued in New York, Pennsylvania, or some other state. What generally happens in this instance is for the out of state driver to be sentenced to the penalties that would apply to a New Jersey driver except for the fact that the revocation is not of their license but rather their privilege to driver in this state. Notice of the conviction is then communicated to the New Jersey Motor Vehicle Commission (“NJDMV”), which then notifies the licensing state that the accused was convicted of a first offense, second offense or third offense. It is then up to the state that issued the license to decide how the defendant’s license will be effected. This process is commonly referred to as “domestication”. What is crucial here is to make sure that the absolute best outcome is reached in New Jersey so, when a conviction gets domesticated, it is for the commensurate lesser offense in the sister state. This is where the attorneys on our defense team are so valuable, as they possess over 100 years of collective experience defending driving while intoxicated charges. Give us a call anytime 24/7 at 862-203-4070 or 862-203-4070.

Intoxicated Drivers Resource Center (IDRC) Requirement for an Out of State Driver

The Intoxicated Drivers Resource Center (“IDRC”) is a program that detains, educates and/or screens people for either 12 or 48 hours, depending on whether it is a first offense or second offense. This program is part of sentencing and must be fulfilled before a driver’s license can be reinstated. If an out-of-state driver lives within an hour driving distance from the nearest IDRC center in New Jersey, they must complete the program in New Jersey. If the driver does NOT live within an hour drive from the nearest IDRC center in New Jersey, the driver will be given an opportunity to satisfy the IDRC requirements in their home state.

DWI Fine for Someone Licensed in Another State

For a first offense, the fine is $250-$400 where the BAC is at least 0.08% but less than 0.10%, and $300-$500 where the BAC is .10% or above. For a second offense, the fine is between $500 and $1,000. For a third offense, the fine is $1,000.

The Law Offices of Jonathan F. Marshall represents people with out-of-state driver’s licenses who have been arrested and charged with Driving While Intoxicated or Refusal to submit to a Breathalyzer in New Jersey. An attorney on our staff is available 24/7 at 862-203-4070.