The Law Offices of Jonathan F. Marshall receive frequent telephone calls from out-of-state drivers who have been issued summonses for DWI, DUI or refusal to submit to a breath test in New Jersey. While these drivers are bound by New Jersey’s drinking and driving law when it comes to a possible conviction for DWI, it is important to keep in mind that the driving privilege of these individuals does not arise out of a license issued in New Jersey. In other words, when an individual is licensed in a state other than New Jersey and is charged with a drinking and driving offense in New Jersey, all that New Jersey can do is enforce the DWI, DUI and/or refusal charge and limit the person’s ability to operate a motor vehicle within New Jersey.
If an out-of-state driver is convicted in New Jersey of driving while intoxicated, driving under the influence or refusal to take the breathalyzer, they are subject to New Jersey’s penalties for conviction. However, all that New Jersey can do in terms of license suspension is to revoke an out-of-state driver’s right to operate a motor vehicle within New Jersey. The Courts of New Jersey have no authority to decide what, if anything, shall happen in terms of the person’s license to drive in their home state or, for that matter, outside of New Jersey. The impact, if any, which a New Jersey conviction for DWI, DUI or refusal shall have on a person with respect to licensing in their home state, is left to the Division of Motor Vehicles of the individual’s home state.
We defend individuals licensed in other states (i.e. out-of-state drivers) who have been charged with a drinking and driving offense in New Jersey. Our drunk driving lawyers are prepared to provide a defense to the charges in New Jersey and to assist you in decision making concerning any ramifications which a conviction can have in your home state.
