Out Of State DWI Penalties In NJ

man being stopped by police

When traveling across the United States you must maintain and obey all of the laws and regulations of the current state you are driving through. If you are cited or arrested for an offense within another state you are subject to that state's guidelines and sentence procedures. This includes traffic offenses such as speeding and DWI. New Jersey is part of what is called the Driver License Compact which currently includes 45 states within the U.S.. The Driver License Compact is an interstate compact used by states to exchange information concerning license suspensions and traffic violations of non-residents and forward them to the state where they are licensed known as their "home state." The only states currently not participating in the Driver License Compact are Massachusetts, Wisconsin, Georgia, Tennessee and Michigan.

Out-of-State Driver Convicted Of DWI In New Jersey

If you are arrested in New Jersey and reside in another state or have an out of state drivers license, you are still held accountable to New Jersey mandatory sentencing and penalties for a DWI conviction. If you were arrested for DWI in NJ, but live in another state, you need to find an experienced attorney local to where you were arrested. The DWI Lawyers at Villani & DeLuca, P.C. are located in the shore town of Point Pleasant Beach, New Jersey and understand the severity of a DWI conviction here in New Jersey.

1st DWI Conviction Penalties (BAC 0.08% < 0.10%)

  • Suspension of drivers license at time of guilty finding until such time that an ignition interlock device is installed
  • ignition interlock device required for 90 days
  • $250-$500 fine
  • 12-48 hours at intoxicated driver resource center (IDRC)
  • Up to 30 days in jail
  • Insurance surcharge of $1,000/year for 3 years
  • $100 DUI enforcement surcharge

1st DWI Conviction Penalties (BAC 0.10% < 0.15%)

  • Suspension of drivers license at time of guilty finding until such time that an ignition interlock device is installed
  • 7 -12 month interlock (at judge's discretion)
  • $300-$500 fine
  • 12-48 hours at intoxicated driver resource center (IDRC)
  • Up to 30 days in jail
  • Insurance surcharge of $1,000/year for 3 years
  • $100 DUI enforcement surcharge

1st DWI Conviction Penalties (BAC 0.15% and higher)

  • License suspension for 4-6 months (at judge's discretion)
  • $300-$500 fine
  • 12-48 hours at intoxicated driver resource center (IDRC)
  • Up to 30 days in jail
  • Insurance surcharge of $1,000/year for 3 years
  • $100 DUI enforcement surcharge
  • Required installation of ignition interlock device during suspension and for 9-15 months after restoration of driving privileges

New Jersey has the authority to suspend your ability to drive on the roads of New Jersey. This means that you are considered driving while suspended for DWI if caught driving after a DWI conviction in the state. New Jersey will also report your violation to your home state, in which your state may then suspend your driver's license according to its guidelines for the offense. New Jersey's laws and sentencing for conviction of DWI are complex. If you are an out of state driver and you received a DWI charge while visiting New Jersey it would be in your best interest to secure the services of an attorney with the experience of fighting DWI charges in New Jersey courts.


The attorneys at Villani & DeLuca, P.C. offer a FREE initial consultations over the phone. Call 732-372-0820 today to find out your rights concerning DWI for Non-Resident in New Jersey!

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