Interstate Compact Information

A New York resident, was arrested in for Driving While Intoxicated in the State of Vermont. What effect will that have on her license to drive in the State of New York?” Another inquiry which is frequently made concerns an out-of-state motorist who is arrested for an alcohol-related operating offense in the State of New York. In this variant, the problem which is generally posed surrounds the effect that a New York conviction will have upon the sister state privileges.

In the same vein are those situations in which the motorist had a New York license at the time of the arrest but has since taken up residence in a neighboring state and has surrendered a New York license.

The Interstate Compact on DWI finds its origin in Vehicle and Traffic Law § 516. The text of this provision is quite long and, for our purposes, we'll set out only the most pertinent provisions:

So what are the particular problems that may be encountered under the Compact? Basically they go in two directions, which are best illustrated by example. Assume that Brenda, a Vermont resident and license holder, is convicted in New York for Driving While Intoxicated under Vehicle and Traffic Law § 1192(2). At the time of sentencing, the most the court can do with regards to her license is to revoke her privilege to operate a motor vehicle in the State of New York. The sentencing court may not properly revoke her license in as much as the sentencing court has no jurisdiction over the license. Of importance is that the Compact does not give the sentencing court the power to revoke an out of state license. What's more, the sentencing court is not obligated to report the conviction to the Vermont licensing authorities, this being the statutory authority of the Compact Administrator. Therefore, Brenda happily pays her fine inasmuch as she has no intention of returning to New York during the statutory period of revocation. Alas and alack, however, all is not as it seems. Upon her return to Vermont, at some point in time, which is determined by the efficiency with which the Compact Administrator and the Vermont licensing authority go about their work, Brenda will find that her license to operate a motor vehicle in Vermont is revoked in accordance with the sanction applicable to a similar violation in that state. Turning to the converse, assume that Charlie is a New York resident. On a trip to Killington, he is stopped on the access road, fails a chemical test by blowing a .12 and is ultimately convicted of a per se operating offense. Like Brenda, he too finds that his privilege to operate a motor vehicle in the State of Vermont is revoked. Like Brenda, he too will feel that by the happenstance of Federalism that he has narrowly avoided losing his license to drive. Unfortunately, like Brenda, he too will find that his home state, in this case New York, will revoke his license to operate a motor vehicle. The foregoing, of course, are the simpler applications and, with an eye on the Compact, are quite simple. There are, however, far more complicated variants. Take the situation of Rob. Rob is a graduate student at RPI. Following a graduation party Rob is stopped, arrested and ultimately convicted of Violating New York Vehicle and Traffic Law § 1192(2). Following graduation, but prior to any conviction, Rob takes a position with a Silicon Valley software firm. At the time of the conviction, Rob surrenders his New York license and within a week applies for a California license by surrendering a duplicate of the now invalid New York license. Has the swiftness with which he acted enabled him to escape the licensing ramifications of the conviction? In a word, no. Upon notification by California to New York that Rob surrendered his license, New York will notify California of the conviction whereupon, pursuant to the terms of the Compact, California will revoke. Taking the above set of facts, assume that Rob had surrendered his New York license and obtained a California permit prior to the New York conviction. Would the result be the same? Currently available information says that it will. In this situation there exists a high probability that upon notification to California by New York that Rob's privilege to operate has been revoked in the State of New York, California will impose the licensing sanction which is applicable in that state. Rob's situation, of course, begs the obvious. If he maintains his New York license and surrenders it at conviction, how does he go about getting relicensed? We now know that he should not immediately apply in California, since they will revoke. On the other hand, his New York license has been revoked and as a California resident he can no longer legally reapply in New York. Does this mean that he will once again have to become a New York resident for the sole purpose of obtaining a New York license so he can simply surrender the same to the State of California? It does not. All Rob will have to do is to supply an alcohol evaluation to the State of New York after the term of his revocation has expired. This will have the effect of clearing what is now a non-resident privilege to operate in New York and will clear him for application in California. There exists one caveat, however. The alcohol evaluation will have to be submitted in a format approved for such purpose by the State of New York. This may mean that Rob will either have to supply his California evaluator with the necessary form or have the evaluation performed in New York by a DMV recognized Certified Alcohol Counselor. Much of the foregoing, of course, could be avoided by a conviction to DWAI. Since the licensing sanction is a 90-day suspension, Rob's privilege would have automatically cleared provided he paid the $75.00 restoration fee. Then there exists the true “nightmare scenario.” Assume that Sharon is an Illinois resident and is attending NYU Law School. Assume that in her freshman year, she gets stopped for Driving While Intoxicated while she has her Illinois license. Assume she decides it's wiser at this stage to obtain a New York license and that she does so prior to disposition of the DWI. Thereafter, Sharon is convicted of § 1192(2), surrenders her New York license and successfully completes the IDP program. Following graduation, Sharon takes a job with a Boston law firm. Despite what otherwise appears to be complete compliance, Sharon is in for a surprise. At some point in the future, Massachusetts will notify her that her license is revoked. Why? Because of an Illinois revocation. Recall that Sharon had an Illinois license at the time of her arrest. Therefore, it is the Illinois license that will be reported to T-Sled and ultimately find its way to the Compact Administrator. The home state at the time of the conviction will then report the revocation to the present state of residence. The fact that she was licensed by New York at the time of the conviction is of no import. To lift the Illinois revocation which will in turn lift the Massachusetts ban, Sharon must demonstrate to the State of Illinois that she met all New York requirements for relicensure. What of conditional licenses? In the interstate situation may the motorist receive conditional driving privileges? The answer to this inquiry depends upon several factors, most notably the state of occurrence. In the event that a New York motorist is convicted in a sister state, one must turn to the regulations, and in this case, with potentially favorable results. 15 NYCRR 134.2 sets out that “[a]ny person who is convicted * * * of a violation of any subdivision of section 1192 of the Vehicle and Traffic Law, or of an alcohol or drug-related traffic offense in another state, shall be eligible for enrollment in an alcohol and drug rehabilitation program.” In accordance with this regulation, 15 NYCRR 134.13 sets forth that: All of the provisions of this Part shall be applicable to the holder of a New York State driver's license who has been convicted of an alcohol- or drug-related traffic offense in another state except that those provisions which relate to the actions of the convicting judge, the effect of satisfactory completion of a rehabilitation program upon a sentence of fine or imprisonment and notification to the court by the department shall not be applicable. In addition, if the driving privileges of a New York licensee convicted in another state are suspended or revoked by such other state, the conditional license issued by the commissioner will not permit the holder to operate in such other state during the term of suspension or revocation of his driving privileges within that state, unless specifically permitted by that state. Thus, if Charlie, a New York licensee, has been convicted of an eligible alcohol-related operating offense in a sister state, New York will permit him to attend the New York State Impaired Driver Program and receive a conditional license provided he is otherwise eligible. However, in what is apparently a concession to the power of the sister state in which Charlie is convicted, he will not be permitted to operate a motor vehicle under the conditional license in such sister state unless that state permits such operation.

The converse and more problematic situation is when a sister state motorist is convicted in New York. In this situation the question as to whether the sister state motorist will be permitted to attend an Impaired Driver Program and receive a conditional license will depend entirely upon the applicable rules and regulations of the state in which such motorist resides. To properly represent the out-of-state motorist, counsel is advised to write the DMV in the motorist's home state early in the proceeding and request information as to what must be done to obtain a conditional license. Commercial driver's licenses present what is perhaps the most difficult scenario. As noted previously, this area is now the subject of federal law and New York is powerless to provide any form of commercial privileges until the Federal Department of Transportation approves such a privilege.