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I got a DUI in upstate NY (.13). I'm wondering what will happen to my PA license? This is my first offense and I have no record

Chadds Ford, PA |

There was no accident or injury and I was extremely cooperative . What I've researched about the interstate compact says PA does not recognize the first DUI in another state . We're appealing for a reduction in NY but does anyone know what the charge can be reduced to so it's not reported to the interstate compact ? Can the NY charge be expunged ? I don't want this to appear on my record if possible . If the DUI is reported to PA , and my license is not suspended , will I have the opportunity for rad in PA ? Has anyone seen a similar situation ?

Understood. But, I found on the DRIVER LICENSE COMPACT FACT SHEET: Q: How long will my driving privilege be suspended if I am convicted of a DUI in a member state? If your violation occurred prior to 2/1/04, PennDOT will impose a 1 year suspension. If your violation occurred on or after 2/1/04 and it is your first DUI, PennDOT will take no suspension action. If it is your second or subsequent PennDOT will impose a 1 year.

Attorney Answers 4


  1. You should post this both under DUI Questions in New York and DUI Questions in Pennsylvania.


  2. Retain a NY criminal defense attorney for the DUI. In regard to the Implications to your PA license,if NY notifies Pa of its actions and if Pa chooses to suspend, then you should retain Pa attorney to appeal the suspension. Right now it is pure speculation as to what may occur.


  3. As my colleagues have suggested, a New York attorney should be consulted first as your operating restrictions will likely be subject to a New York law. The second stepo would be to seek clarification from Penn Dot. Please note, the driver’s license compact is not the only legal principle that would mold a Pennsylvania restriction to a foreign judgment; the full faith & credit clause of the Constitution would likewise require Pennsylvania to honor a New York judgment. Additionally, Penn Dot's choice to honor (or not honor) another state's suspension was historically discretionary. Recently, the Department of Homeland Security has been pressuring states to honor any suspension issued in another state as part of its crackdown on license verifications.
    Stew Crawford, Jr., Esq.

    Crawford Law Firm
    A Full Service Law Firm Serving New Jersey & Pennsylvania

    223 North Monroe Street
    Media, Pennsylvania 19063 (Philadelphia Area)
    1-877-992-6311
    www.crawfordlaw.org

    E-Mail: custody@subrolaw.us

    All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. If you wish to consult with an attorney, or have any questions concerning this comment, please feel free to contact our offices through any of the above contact sources.


  4. With regard to the suspension of PA driving privileges, check out 75 Pa.C.S. 3804(e)(2)(iv), which provides that PennDOT treats out-of-state DUIs that are substantially similar as a PA DUI as if the person had been convicted of 3802(a)(2). This means that a person with no "prior offense" of DUI, meaning a DUI conviction within 10 years of the date of the offensive conduct on the new DUI, would NOT have a suspension. If you have a "prior offense" of DUI, then a 3802(a)(2) conviction would result in a 1 year suspension. The summary Q & A that you posted is in accordance with 3804(e).

    Jason S. Dunkle, Esquire
    JD Law, P.C.
    State College, PA 16801
    (814) 954-7622

    The responses provided on this site are intended for informational purposes only and should not be construed as providing legal advice regarding an individual situation. No attorney-client relationship is created between the reader and JD Law, P.C.

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