Posted on Nov 11, 2011

If you are a New York State resident who has a prior DUI-DWI conviction in NY, you now potentially face enhanced penalties if you are convicted of the same offense in New Jersey.

On November 9, 2011, New Jersey's Appellate Division ruled that New York's "driving while ability impaired" statute is substantially similar to New Jersey DWI statute.  As a result, a prior conviction under the New York statute may be used to enhance a subsequent New Jersey conviction.

The Court reasoned that because New Jersey has interpreted "intoxication" to include any degree of impairment in driving ability, defendant's prior convictions were of a substantially similar nature as a DWI conviction in New Jersey.  The only way to avoid this is if the driver provided clear and convincing proof that the prior conviction was based exclusively on a BAC of less than 0.08% (New Jersey's minimum to convict).

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If you are a New York resident ticketed for drunk driving in southern New Jersey and are looking for representation, please feel free to call me at 856-432-4113 or contact me through this site to schedule a free consultation. If you are looking for more information on New Jersey's drunk driving law, then download my free book, How Much Trouble Am I In? A Guide to New Jersey Drunk Driving Law.

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