New York Drivers and Out-of-State DUI convictions

If you are a driver with a New York driver’s license and frequently drive out-of-state, you should know about the Interstate Driver’s license Compact (IDLC) and the National Driver Register (NDR). Under the rules of the IDLC each member state is required to treat a conviction for DUI (Driving Under the Influence) in a sister state in the same manner as it would an in-state conviction. Convictions for DUI in member states to the compact are given reciprocal effect when there is sufficient evidence of conviction under a substantially similar statute. This means that the out-of-state DUI offense must be similar to a license-revoking or license-suspending offense in the driver’s home state in order to result in revocation or suspension of their license.

The IDLC rules are set forth in New York Vehicle and Traffic Law section 516. Under the IDLC a member state is required to report an out-of-state driver’s conviction to the licensing jurisdiction. A report must include information that clearly identifies the convicted driver, a description of the member state’s law that was violated, including a statement of the specific section of the violated law, an indication of the subject driver’s plea or whether the conviction was the result of a forfeiture (“of bail, bond or other security”), and any special findings made by the out-of-state authority. Article IV of the Compact provides authority for the home state to “give the same effect” to out-of-state motor vehicle violations as if they had occurred within the home state and specifically mandates such effect for DUI convictions.

How this generally works for New York drivers is: if you are convicted of DUI in another state, that state’s DMV would notify the New York DMV and they would treat your out-of-state DUI as if it occurred in New York if the DUI statute in that state was comparable to New York State’s DWI (Driving While Intoxicated) statute. Your privilege to operate a motor vehicle in the state where the DUI occurred would probably be suspended.

Also, your New York driver’s license would be suspended for at least 90 days based on the out-of-state DUI. An out of state conviction of a motor vehicle violation must be given same effect in New York as if the violation had occurred here under the IDLC.

It is important for New York drivers to note that, under the IDLC, in order for New York State to penalize you for an out-of-state DUI offense, New York must have the equivalent DWI statute to the statute in the state where the DUI occurred. If New York State does not have the equivalent DWI statute, no action can be taken against you.

The National Driver Register

The National Driver Register Act of 1982 (49 U.S.C. 303) authorizes State chief driver licensing officials to request and receive information from the National Driver Register (NDR) for driver licensing and driver improvement purposes.

The NDR is a federal database of information on individuals whose license to operate a motor vehicle in a State has been denied, revoked, suspended, or canceled, for cause, or who have been convicted of certain serious traffic-related violations in a State, such as racing on the highway or driving while impaired by alcohol or other drugs. The NDR was designed to prevent such individuals from obtaining a driver’s license in another State, using a device known as the Problem Driver Pointer System (PDPS).

In June 1994, the NDR began allowing state divisions of motor vehicles to access its data. The PDPS is being used currently by many states. The PDPS allows states to identify and track with ease the more than 15 million problem drivers listed on the NDR. The PDPS consists of a list of problem drivers, with certain identifying information, contained in “pointer” records. These records “point” to the State where the substantive adverse records about the driver can be obtained. The PDPS system is fully automated and enables State driver licensing officials to determine instantaneously whether another State has taken adverse action against a license applicant. Under PDPS, a state license examiner automatically checks NDR when a person applies for a license. In most cases, NDR sends a response within five seconds indicating there is no matching record. When checking out a person applying for a license in, say, New York, New York officials can find out in minutes, sometime seconds, whether the person has had their driver’s license suspended or revoked in another state for a DUI conviction.

The attorneys at the law firm of Nave DWI Defense Attorneys are experienced in handling DWI cases. If you need a DWI lawyer who can help you obtain the best possible outcome in your DWI case, call the law firm of Nave DWI Defense Attorneys.

The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave DWI Defense Attorneys are located at 269 W. Jefferson St.; Syracuse, New York 13202; Telephone No.: (315) 473-0899. Prior results do not guarantee a similar outcome. Attorney Advertising.

2015-12-09T16:17:40+00:00