Former Municipal Prosecutor

A conviction for DWI, DUI or Refusal in another State can have the same effect as a conviction that took place in New Jersey. A New Jersey DWI lawyer experienced in the issues effecting residents of other states who have been charged with a NJ drinking and driving offense, is available to answer your questions. Out of State convictions for drinking and driving arise in two instances:

1. Administrative Suspension Imposed in New Jersey. This occurs where a New Jersey driver has been convicted of a drunk driving offense in another state and is seeking to avoid suspension in New Jersey when the New Jersey Division of Motor Vehicles attempts to domesticate the out of state suspension.

2. Treatment of Out of State Convictions for Sentencing Purposes. Out of state convictions are encountered most frequently in drunk driving cases in conjunction with sentencing on subsequent offenses.

In the context of administrative suspensions arising out of an out of state drinking and driving infraction, New Jersey will typically impose that period of suspension which would be provided for under New Jersey law. In other words, New Jersey's Division of Motor Vehicles would consider the nature of the conviction in terms of what number of DWI offense it represents (e.g. first offense, second offense or third offense) and impose that period of suspension which would be provided for under New Jersey law for the commensurate conviction. It is also important to keep in mind that an out of state conviction will result in the New Jersey Division of Motor Vehicles imposing the applicable New Jersey DWI Surcharge. The situation can become very frustrating and representation by a lawyer knowledgeable in New Jersey DUI law can often be very beneficial in simplifying the situation and minimizing penalties.

The situation is more complicated when it comes to use of out of state convictions for purposes of DWI sentencing in New Jersey. In this regard, the out of state convictions may only be utilized if they were based on a blood alcohol concentration which exceeded New Jersey's legal limit at the time of the related conviction. For our purposes, this means that for DWI convictions which occurred prior to New Jersey lower its blood alcohol limit to 0.08% in 2004, a conviction may only be considered if it was based on a blood alcohol concentration of 0.10% or higher. An out of state conviction which took place prior to 2004 and which was based on a blood alcohol reading between 0.08% and 0.10% could not be utilized for enhancement purposes.

It is important that individuals appreciate that the aforesaid law can provide fertile grounds for potential defenses to an administrative suspension or use of an out of state conviction for purposes of sentencing and that an experienced drunk driving defense lawyer can prove invaluable in this regard. The Law Offices of Jonathan F. Marshall is prepared to present these defenses on behalf of its clients. Please feel free to contact us for a free initial consultation. A DWI lawyer from of our law firm is accessible in Monmouth County, Middlesex County, Union County, Somerset County, Morris County, Essex County and Ocean County.