|
|
|---|
| New York |
|
New York State - out of state alcohol/drug convictions come over to us as a DWAI. (driving while ability impaired), a traffic infraction and not a crime. ny does not record out of state non-criminal moving traffic violations (excepting alcohol or vehicular crimes) unless received in Ontario, Canada which provence has a treaty with NYS regarding it's motorists. PENALTIES: a) with no prior alcohol/drug convictions anywhere (US & Canada) within 5 years: 90 days loss of full privileges. Conditional license (@$75) issued for the 90 day suspension. Good for work, school, medical, dental, child care, dmv business, plus a weekly 3 hour shopping block that you choose. Obtaining conditional license requires attendance at the DDP, the Drinking Driver Program @ $175 which is 7 weeks of a 2 hour session each week wherein DMV personnel lectures and show movies re drunk driving. Motorist selects location and day of week at his/her convenience. After receiving completion certificate at the end of the 7th session motorists pays DMV a $25 suspension elimination fee and is handed his/her full license. Not again eligible for a conditional for 5 years. NY does not recognize out of state REFUSALS. Any drunk driving conviction on license bars admission to Ontario Provence, Canada but payment of approx $250 to Canadien gov after approx 3 years will restore CANADIEN PRIVILEGES. b) with a prior alcohol/drug conviction w/in 5 years: If priors (anywhere in US/Canada) w/in 5 years no conditional privilege afforded to NY motorist who will be suspended here for 6 months. I tell clients who can get away without a license (NYC resident) not to take it as instructors can make you continue beyond 7 week period if BAC high. if one doesn't avail themselves of the conditional you just sit out the 90 days and pay the $25 suspension elimination fee and get your full license back without DMV getting in your face. Feel free to call with any questions at 1-800-HAROLD Dee (800-427-6533) or visit our web site at WWW.HAROLDDEE.COM Harold Dee, Attorney at Law, P. C. 401 Crow Hill Road, Mt. Kisco, NY 10549 914-241-7963 |
Oklahoma |
Administrative Revocation of License:For a failure of test, either breath or blood, which is .08% for adults and .02% for under 21 years old, OR a refusal of test, the license is revoked for: - 180 days for the first offense; - one year, if his record reflects the commencement of one previous revocation for the same reason within the past 5 years of the date of arrest in the instant case; - three years, if his record reflects the commencement of two or more previous revocations for the same reason within the past 5 years of the date of arrest in the instant case. A hearing can be held to contest this action if requested within 15 days of the service of the breath/blood test affidavit, which is almost always the same day as the arrest. If the driver is licensed driver from another state, these revocations for this cause are not communicated to his home state. All the above is independent of any outcome of the criminal case for DUI. Revocation as result of conviction:If the license is not, for some reason, revoked due to the issue of the test (ie, asked for a hearing and won it, no test was given within two hours, paperwork improperly completed by cop, etc), the conviction of DUI or APC will cause the revocation of license within the same conditions and for the same lengths of time as above. Hearings can be requested for this revocation, but the scope of said hearing is only as to do with identity of the driver. If the driver is a from out of state, Oklahoma will communicate this conviction and revocation of license to his home state. Modifications/Restricted Licenses/"Work Permits":These are paper licenses that must be requested from the state which allow driving up to 24 hours a day, seven days a week. A condition required by statute is that an ignition interlock be installed on the vehicle that will be driven and the payment of $150. These are available for revocations of 180 days. One year revocations can not, by law, receive one of these. A three year revocation can receive one AFTER the first year of the revocation has expired. If the state refuses to issue one, an action in the District Court is available to request the court to order one to the driver. A refusal from the state is almost always expected for any three year revocation, EVEN if the driver has waited for the one year before requesting the modified license. If the driver is an Oklahoma licensed driver AND the DUI occurs in another state, a conviction of the DUI in that other state will trigger the same actions as listed below as if it had occurred within the state of Oklahoma. It is logged on his license and can be used to enhance ANOTHER DUI in the criminal court to a felony. Charles Sifers-Oklahoma DUI |
Pennsylvania |
|
Pennsylvania has adopted the Interstate Driver's License Compact of 1961. It is reported at 75 Pa. C. S. A. 1581 - 1585. [ Driver's License Compact ].
Complementary Legislation:
|