If you were arrested for a DWI outside of New Jersey state lines, the legal process can get quite confusing. Regardless, the penalties you are facing may be severe, and even life-altering. Continue reading to learn what happens if you get a DWI in another state and how an experienced Middlesex County DWI attorney at the Law Office of Michael A. Policastro can fight on your behalf.
What if I get a DWI in another state?
If you get charged for drunk driving in another state, you will have to follow that state’s rules of criminal procedure. However, this is not to say that you will not have to face additional penalties in the state of New Jersey. That is, New Jersey is part of the Driver License Compact, which is an interstate compact that permits states to exchange information about traffic violations of any non-residents. So, if you receive a driver’s license suspension in another state, you may also face a driver’s license suspension in New Jersey, as if you committed the DWI within state borders.
What’s worse is if you were previously charged with a DWI offense in New Jersey. This means that your DWI conviction in another state may count as your first offense, and you may face upgraded penalties as if this was your second-offense DWI in New Jersey. Additionally, there is an initial $100 restoration fee to get your license reinstated, as well as a $1,000 charge each year for three years after a DWI suspension.
How can I fight the penalties of a DWI in another state?
Depending on the laws in the state where you were charged with a DWI, you may be able to avoid additional penalties in New Jersey altogether.
For example, by New Jersey law, the basic offense of a DWI consists of operating a motor vehicle with a blood alcohol content (BAC) of 0.08 or higher. The state of Pennsylvania upholds the same DWI statute. Therefore, your Pennsylvania conviction will count as if it were convicted in New Jersey.
Contrastingly, suppose you were arrested for a DWI in New York State. The DWI statute in this state holds that you can face penalties for a BAC as low as 0.05%. Thus, if you can provide clear and convincing evidence that your BAC was too low to qualify for penalties under New Jersey law, you may be able to avoid a license suspension, among other penalties.
If you require assistance with building your defense, it is in your best interest to retain the services of one of the skilled Middlesex County criminal defense attorneys today.
Contact our experienced New Jersey firm
No matter your circumstances, if you are facing criminal charges, contact the Law Office of Michael A. Policastro today for the experienced legal counsel you deserve and need.
