An out-of-state driver arrested for drinking and driving in the Rochester area should consult with an experienced Rochester DWI lawyer who understands the laws for out-of-state drivers.

When a New York State driver is convicted of Aggravated Driving While Intoxicated, Driving While Intoxicated, Driving While Ability Impaired by Alcohol, Driving While Ability Impaired by Drugs or Driving While Ability Impaired by Alcohol and Drugs – or is found to have refused a chemical test – he or she must pay a mandatory “driver responsibility assessment” to the Department of Motor Vehicles (DMV) in the amount of $750, which can be paid over the course of three years at $250 per year.

This assessment is in addition to any fine imposed by the court.

If a New York driver does not pay the assessment, his or her driving privileges will be suspended.

For out-of-state drivers convicted of a drinking and driving offense in New York State, the New York State DMV frequently will mail a billing statement to them requiring payment of this penalty, even if the driver does not hold a driver’s license issued by the NYS Department of Motor Vehicles.

While the New York State DMV does not have the authority to suspend a driver’s license issued by another state based on failure to pay the driver responsibility assessment, it can suspend the driving privileges of an out-of-state driver within the borders of New York State.

As a result, a driver from another state who fails to pay this penalty may not legally drive in New York State, even if he or she has completed all the other requirements associated with the drinking and driving conviction necessary to regain full driving privileges.

In other words, any out-of-state driver who will be returning to New York State must pay this assessment to be able to legally drive upon their return.

If you have been charged with drinking and driving, it is important to protect your driving privileges.

Please feel free to call us at 585-484-7432 for legal help.