How Does An Out-Of-State Driver Get Back Driving Privileges Following A New York DWI?

When someone whose driver’s license was issued by another state is arrested for drinking and driving in the Rochester area, the repercussions to his or her driving privileges may be very complicated.

New York State does not have the authority to suspend or revoke a driver’s license issued by another state following a DWI conviction, although that state may take action under its own laws.

New York State will, however, suspend or revoke the right of the out-of-state driver to operate a motor vehicle within the borders of New York State.

If the driver wishes to have his or her right to drive in New York State reinstated at the conclusion of the period of suspension or revocation, it must be handled through the New York State Department of Motor Vehicles.

If the driving privileges of the out-of-state driver were suspended in New York State – which is typical for a first time offender convicted of Driving While Ability Impaired by Alcohol – he or she must pay a suspension termination fee of $50 to the New York State Department of Motor Vehicles.

Once this fee – along with any other fees imposed as a result of the drinking and driving conviction – has been paid, driving privileges in New York State will be reinstated.

If the driving privileges of the out-of-state driver were revoked – which is typical for drivers convicted of Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, or Aggravated Driving While Intoxicated – the driver must complete and submit a Request for NYS Driving Privileges form (DS-115) along with a $25 fee to the New York State Department of Motor Vehicles.

The DMV will then review the driver’s record to determine if the revocation will be lifted.

An out-of-state driver should not resume driving in New York State until notified by the DMV that driving privileges have been reinstated.

Drivers from another state who are arrested for DWI in the Rochester area should seek the help of an experienced lawyer. We can be reached at 716-631-999.

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