If you are convicted in your pending New Jersey DWI / DUI matter, and you are a Delaware licensed driver, as a first offender, Delaware will suspend your DE driving privileges separately for one year, notwithstanding any suspension you received in New Jersey. You may be eligible for a work license in Delaware after six months of the DE suspension has been served. The New Jersey Motor Vehicle Commission in Trenton will forward notice of the conviction to the Delaware Department of Transportation in Dover. In about 30-90 days, you will receive a suspension notice from DOT, stating that your DE driving privileges will be suspended as a result of the NJ conviction.
Even though you are not a New Jersey license driver, you will still receive a New Jersey state surcharge of $3,000.00 for first and second offenders and $4,500.00 for third or greater offenders. These surcharges are separate from any surcharges that your Delaware insurance company may charge you.
A refusal conviction for an out of state driver in New Jersey will not result in any MVC surcharges.
A refusal conviction from New Jersey will not be accepted by Delaware, and your private passenger license for automobiles will not be suspended in DE as a result of a refusal conviction from New Jersey.
CDL drivers have other special concerns. Even if the DWI / DUI was not committed in a commercial vehicle, separate from any action that Delaware will take on your private passenger license, any conviction for DWI / DUI or Refusal will result in a one year suspension of your commercial driver’s license for a first offense, and a lifetime suspension for a second CDL DWI / DUI or Refusal conviction.
In addition to whatever action Delaware may take on your DE license, you should be aware of other consequences of a DWI / DUI conviction.