Interstate Driver's License Compact
Motorists with out-of-state licenses who are arrested for a New Jersey DWI / DUI may face specific threats to their driving privileges because of the Interstate Driver’s License Compact (IDLC). The IDLC is an agreement among 45 states to share information about driving-related arrests and convictions.
An out of state driver who is convicted in New Jersey for a DWI or Refusal to Submit to Chemical Testing (Breath Testing) will lose driving privileges in the State of New Jersey. New Jersey will not physically take the out of state driver’s license from the individual, but will notify the home state of the conviction. An experienced New Jersey drunk driving defense attorney will determine whether a driver’s privileges in his or her home state are likely to be affected by the IDLC. Contact us at Levow DWI Law to discuss these issues.
Just five states – Georgia, Tennessee, Massachusetts, Wisconsin, and Michigan – do not participate in the IDLC. Every other state, including New Jersey, has agreed to notify the licensing state when a driver is arrested or convicted of drunk driving. Even these five states may notify the home licensing state of a conviction.
New Jersey will notify the 49 states of a conviction in New Jersey, regardless of whether the home state participates in the IDLC.
Because of this agreement, an individual arrested for drunk driving in New Jersey may face a suspended license and/or a fine in his or her home state.
Not every state recognizes and acts upon administrative suspensions from another state.
Other states will take action if notified of a drinking and driving court conviction. Some of these states will only take action if New Jersey’s burden of obtaining a conviction is equal to the home state. In New Jersey, DWI / DUI prosecutions are not criminal prosecutions. They are traffic offenses. This probably won’t effect whether the home state will honor the conviction issued by New Jersey, but you should consult with us at Levow DWI Law to fully understand the repercussions of your situation.
If the motorist’s home state takes no action against the driver’s license, he or she can continue to drive legally in every state except New Jersey.
Although a driving while intoxicated arrest may create problems for many out-of-state drivers both in New Jersey and at home, these issues can sometimes be avoided. A New Jersey DWI attorney with experience defending DUI / DWI cases for out-of-state drivers can explain how the IDLC may affect a driver’s privileges in his or her licensing state, and work hard to protect the motorist’s rights.
Please call us at Levow DWI Law to discuss this – 877-593-1717.