Will I lose my license if I'm an out of state driver arrested for DWI in New York?
Over the years, we have represented numerous client that live outside of New York State and are arrested for DWI or DWAI. One of the primary questions that those client's ask is "will I lose my license?"
Under laws of New York, a person's driver's license may be suspended or revoked during the pendency of their DWI or DWAI case and that suspension and revocation will continue after the case is concluded if the client is found guilty or pleads guilty to the crime of DWI or the violation of DWAI. The length of that suspension or revocation depends on the result of the case. DWI convictions usually result in a six month license suspension/revocation, while a DWAI conviction usually results in a 90 day driver's license suspension/revocation.
Fortunately for out of state drivers, people having driver's license from States other than New York, the news is better than those who hold New York Driver's Licenses. New York Courts can only suspend a person's privileges to drive a vehicle in the State of New York if they hold an out of state license and cannot revoke a license issued by another State. In other words, during the pendency of your DWI or DWAI case and even after a conviction, the New York Court has no authority to restrict your ability to drive outside of New York State. It only has authority to suspend your privilege to drive within the State.
A person whose privileges to drive in New York State must still take care. If you are stopped for driving a vehicle in New York after your privileges have been suspended, you can be charged with additional criminal charges such as Aggravated Unlicensed Operation (VTL 511) which can be a felony or misdemeanor depending on the circumstances.
Protect your ability to drive with an experienced Westchester DWI defense lawyer
Recently, our office defended a client in the City Court of Yonkers who was charged with DWI and multiple other traffic violations. Though the client was licensed in Connecticut, he often did business in New York and would lose his job if he was convicted of the misdemeanor of DWI and his privileges to drive in New York were suspended for 6 months.
Since even a suspension of his driver's license during the pendency of the case was problematic, our criminal defense attorneys quickly intervened on his behalf. By acting quickly and engaging the prosecutor and the court in immediate discussions about the case, we successfully negotiated a reduction of the charges with the Westchester District Attorney's Office which allowed the client to avoid a criminal conviction, high fines, the ignition interlock device, probation and a 6 month suspension of his driving privileges.
Get immediate help- Contact Us for a Free Consultation
Since every case is different, every client requires personal attention to help them when they are faced with difficult times, especially if they have been arrested or are facing criminal charges. If this has occurred to you or someone you know, please contact the skilled and proven criminal defense attorneys of Proto, Sachs & Brown, LLP at (914) 946-4808. Serving clients throughout Westchester County, Putnam County, Orange County, Dutchess County, Rockland County and the Bronx.
