Reader’s Question:

A friend of mine who is from outside the state visited us this summer but unfortunately charged with DUI here in Wayne, New Jersey. If in case he will be convicted for DUI, does that mean that his home state driver’s license would also be suspended?

Callie

Wayne, NJ

After your friend’s DUI arrest in Wayne, New Jersey, he would be bound by New Jersey DUI law when it comes to possible conviction for DUI. But even though that is the case, it would be very important to remember that his driving privileges do not arise out of a license issued in New Jersey since he is from outside the state. In other words, since he has an out of state license and was charged with New Jersey DUI, all that New Jersey could do is enforce his DUI case and limit his ability to operate a motor vehicle within New Jersey.

If he would be convicted for DUI, he would be subject to New Jersey’s penalties for conviction. But with regard to his license suspension, New Jersey could just revoke his right to operate a motor vehicle within New Jersey. The New Jersey Courts do not have authority to decide what would happen in terms of his license to drive in his home state. The impact, if any, that a New Jersey DUI conviction on his license in his home state is left to the Division of Motor Vehicles of his home state.

Tags: DUI, DUI arrest, DUI lawyer