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RE: out of state license and DWI

Albany, NY |

Clarification my DWI was in NYS and I am visitor with a Florida license I yet not been convicted yet but my experience has been that the state the offense occurs in confiscates the license and sends it to that respective issuing state. The state of florida will impose fines as well- double whammy. However the judge did say that NYS cannot suspend an out of state license however he did suspend my driving priviledges in NY only till the hearing. My question is should I surrender my fla license to the DMV and pick up NY DL.

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Attorney answers 2


I'm not a NY or FL attorney, but can answer some of your question and pose a few issues that you should clarify so that another attorney can more fully answer your entire question.

A state such as NY cannot confiscate an out-of-state license. A license is the property of the state from which it was issued, FL in your case. But, you appear to have answered your own question since you state that you still have your license from FL. Why would you want to surrender it to NY and apply for a NY license if you are just visiting?

If the judge suspended your right to drive in NY, then even if you applied for a NY license you wouldn't be approved since the privilege is currently suspended. Their are restricted licenses available in some instances and you may be eligible if you satisfy certain requirements, but you need to be more thorough in your question in order for someone to help.

The judge is correct in that they cannot suspend your FL license, just like they cannot take it from you. FL may impose requirements on you such as a drinking driver program upon your return to FL. Check with a FL attorney if you plan to return.


You should contact an attorney in both New York and Florida. Depending on each state's licensing and reporting requirements, you may need to comply with certain class requirements in Florida to maintain your driving privilege there. I don't practice in either of these states but, I concur with Mr. Woolsey that the NYS judge doesn't have jurisdiction over your Florida license.

Speak with an attorney in Florida who specializes in DUI cases. This will give you the best information.