DWI DUI Traffic Violations Hamptons and Suffolk County Criminal Defense Attorney | Out-of-State Convictions
Experience and Results
This links to the home page
Out-of-State Convictions

In New York, prior to November 1, 2006, a prior out-of-state conviction for operating a motor vehicle while under the influence of alcohol or drugs was deemed to be a prior conviction of DWAI. Thus, it could not be used as a predicate for a felony DWI charge in New York.

Effective November 1, 2006, a prior out-of-state conviction for operating a motor vehicle while under the influence of alcohol or drugs is deemed to be a prior conviction of the analogous section of VTL § 1192 (if such conduct would have constituted misdemeanor or felony DWI, Aggravated DWI, DWAI Drugs or DWAI Combined Influence if it had occurred in New York). The significance of this change is that an out-of-state conviction can now potentially be used as a predicate for a felony DWI charge in New York.

In addition, if you have a New York driver’s license and are convicted of operating a motor vehicle while under the influence of alcohol or drugs in another State (and it is reported to the New York DMV), your driver’s license will be revoked, and your registration may be revoked, for at least:

• 90 days, if you are over 21;

• 1 year, if you are under 21 and are a “first offender”; or

• 1 year or until age 21, whichever is longer, if you are under 21 and are a “repeat offender.”