As a licensed New Jersey driver, you are required to follow the laws and rules of the road both in state and out of state. If you violate traffic laws outside of NJ, you are still subject to penalties, points and license suspension in NJ. There are two interstate agreements that govern this policy.
Driver License Compact
The DLC is an agreement between 45 U.S. states and D.C. that governs certain traffic violations and driver’s license suspensions when drivers violate applicable laws in a state where they are not residents. The non-resident state reports the conviction to the administrative division of the driver’s home state. If the home state has an equivalent law for the offense, it treats the violation as though the driver committed it in the resident state, and applies the home state’s laws and penalties to the violation.
Non-Resident Violator Compact
Forty-four states participate in this interstate compact that safeguards the rights and privileges of non-resident drivers when driving outside of their state of residence. When you are driving outside of NJ in a member state, this law ensures that you receive the same privileges and rights as resident drivers. If you are charged with a moving violation, you have the protection of due process and the member state may not detain you outside of NJ for the offense. Under this law, you must comply with the terms of your citation as ordered by the non-resident state. Failure to do so can result in license suspension in your home state.
New Jersey Law on Out-of-State DWI Convictions
If you reside in NJ, have been convicted of a DUI/DWI in a state other than NJ, and hold a NJ driver’s license, NJ views your conviction as a prior DWI offense on your record. One exception exists if your out-of-state conviction was the result of a DWI offense where your Blood Alcohol Level was less than .08 percent.
The New Jersey Motor Vehicle Commission may impose an administrative license suspension and expensive surcharges. Additionally, if you are subsequently cited for another DWI in NJ within 10 years of your out-of-state violation, the new conviction is treated as a 2nd offense, which subjects you to more severe penalties and fees.
New Jersey Motor Vehicle Commission Consequences
When the NJ MVC receives notice of your out-of-state DWI conviction, the director will take the steps necessary to suspend your license. NJ DWI law applies. This determines the length of the suspension and the surcharges assessed.
To learn how your out-of-state DWI/DUI conviction will affect you, contact an experienced New Jersey DUI Defense attorney at The Law Offices of Jonathan F. Marshall.
