Saturday, September 15, 2012

Dealing with an Ithaca DWI with a New Jersey License

New York and New Jersey are kindred states in many respects. I always felt like I married up because my wife is from Northern N.J. (Verona). Her family was not too impressed with my table manners at Christmas (I'm from Brooklyn). They had way too many spoons, forks, and glasses.

Anyway, the fable of beauty and the beast is not what this blog is about, it is about how those with a New Jersey driver's license facing a NYS DWI will have to deal with both the NJ DMV and the NYS DMV.

The reciprocity of suspensions and of programs between the states is important to know about.

New Jersey DMV: Three Main Things (surcharge, suspension, and program)

1. NJ will assess a 3 year, $1000/year insurance surcharge on your NYS DWI, 
btw NYS DMV will assess an additional $250/yr for three years. 

From NJ website brochure on surcharge:

All Alcohol and drug related offenses
These surcharges are billed each year for three years:
• In-state operating under the influence of liquor or drugs (DUI)
Out-of-state DUI (ie. NYS DWI)
Refusal to submit to chemical test (ie. NYS refusal)
The surcharge for operating under the influence or refusal, whether it occurs in 
New Jersey or another state, is $1,000 a year for three years for both a first and 
a second violation. 

2. NJ will also suspend driving privileges depending upon the driver's BAC level at time of arrest. 

BAC (blood alcohol concentration) less than .10,    90 day NJ suspension 
BAC (blood alcohol concentration) more than .10, 7 month (210 day) suspension 

NOTE: NJ offers NO conditional (occupational/work) license privileges

see the New Jersey Department of Motor Vehicles Website to confirm all of this

3. You will need to do the NJ Drinking Driver Program or the NYS DMV DDP

-Basic NJ first time program is two (6 hour days) inan Intoxicated Driver Resource Center
-Compare to NYS DDP is 7 weeks (1.5 hours/night) = 15 hours total
(Most NYS Courts, the DMV, and DDP no mandates an evaluation/assessment)

From their website:

NJ Intoxicated driver program

Any person convicted of an alcohol related traffic offense must participate in a program at an Intoxicated Driving Resource Center (IDRC):

  • New Jersey has an IDRC in each county for first and third-time offenders and three regional centers for second-time offenders
  • During the program, offenders attend mandatory Alcohol and Highway Safety Education courses
  • IDRC also evaluates each offender for an alcohol or drug problem and determines the need for treatment
  • If treatment is needed, the center refers the offender to an appropriate provider for a 16-week minimum treatment
  • Offender may supplement the treatment with attendance at a self-help group
  • IDRC monitors compliance and reports noncompliance to the courts and MVC
Satisfactory participation in IDRC is a step toward restoring your license. Failure to comply will result in further license suspension and possible jail time. 

THE KEY Takeaway:

Whatever state you come from or go to you (with a DWI/DUI) you will have to deal with the DMV in both jurisdictions (understand the rules/laws) to completely release and clean your driving record/history.

Lawrence (Larry) Newman, D.C., J.D.

Doctor of Chiropractic
Attorney at Law

504 North Aurora Street
Ithaca, NY 14850