Out of State DUI Convictions
A DWI/DUI or refusal to submit to a Breathalyzer conviction in a different state may have an effect, or similar effect, as a conviction in New Jersey. The Law Office of John Tierney, LLC, is available to represent residents of other states charged in New Jersey with a drinking and driving.
Representing Out-of-State Motorists Facing DUI Charges
Since 2002, the Law Office of John Tierney, LLC, has represented motorists facing criminal charges and the threat of their driving privileges. Our founding attorney John Tierney was a prosecutor before focusing on criminal defense. Mr. Tierney and his associate Mathew Simon have a thorough understanding of the law and your rights as an out-of-state motorist. Contact our Parsippany drunk driving defense attorneys to learn how we can help level the playing field against you during a free initial consultation.
Prosecutor May Try to Increase the Penalties
If you have a prior out-of-state conviction, prosecutors in New Jersey could try to use that as a way to increase potential penalties for the DUI charges you are facing in this state. Basically, New Jersey’s Motor Vehicle Commission views out-of-state convictions in terms of would the facts be reviewed the same way, if they were handled in New Jersey.
The DMV may then deem your out-of-state case a first offense, second offense or third offense and impose that period of suspension that would have been imposed under New Jersey law for a similar conviction. The New Jersey Motor Vehicle Commission may also impose the same DWI surcharge as if the conviction in out of state had occurred within New Jersey.
For DWI convictions prior to 2004, the out-of-state conviction must include a blood alcohol content 0.10 percent or higher. For convictions after 2004, an out-of-state conviction must include a blood alcohol content of 0.08 percent or higher. We would be prepared to argue that the out-of-state elements of the statute and the process under which the conviction took place were highly dissimilar to that found in New Jersey and not admissible for sentencing purposes in New Jersey.
Contact an Experienced Drunk Driving Lawyer in Parsippany, New Jersey
Out-of-state DUI matters are highly complicated. These issues require a lawyer with extensive experience in different states. Contact our DUI/DWI lawyers today for a free consultation. We are committed to defending you against out-of-state convictions or with current DWI charge in Morris County, Bergen County, Passaic County, Monmouth County, Middlesex County, Union County and Somerset County.