What to do if I’m moving out of state with a DWI?

I was convicted for DWI in my home state 5 months ago and I am in the process of moving to another stae this month. I have served my 1 year license suspension but I was told that I am still require to install an ignition interlock system because of my BAC before restating my drivers license. However, I am planning to obtain a drivers license in my new state of residence instead of restating my old license. Would I still be required install the ignition interlock system? Where I can I get information about installing a system if required? What other restriction would be placed on my new license?

Asked on June 12, 2012 under Criminal Law, New York


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You absolutely will be required to install the ignition interlock because the new state will give full faith and credit to the judgment in the previous state. Yoiu cannot obtain a new license without having to give up your (surrender) previous license.  The new state may not allow a license if you are required to have an ignitition overlock so you may wish to check with the new state's department of motoe vehicles before you move. Further, the DMV should have information for you on ignition overlocks. The prosecutor's office should also have that information.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The DUI violation that you have written about requires the sentence to continue to your driving in the new state that you will be reloacting to. Meaning, you will have to have the ignition interlock system in the car you drive in all states that you are residing in.

Your local department of motor vehicles should be able to assist you as to how to get the device and have it installed on the vehicle you drive.

The retsrictions imposed by the court where you were convicted of the DUI offense will carry over to your new state of residence which you must comply with. 

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