A conviction for driving while intoxicated (DWI) in New Jersey results in mandatory driver’s license suspension. The duration of the suspension varies based on the number of prior DWI convictions, including convictions from other states. New Jersey has adopted the Interstate Driver License Compact (IDLC), which provides for “reciprocal recognition” of driver’s licenses, as well as the applicability of other state’s laws when considering prior convictions for certain traffic offenses. In order for a DWI conviction in another state to count as a prior conviction in New Jersey, the other state’s statute must be substantially similar to New Jersey law. A defendant in a license suspension case recently appealed a finding by the state government that counted a conviction under New York law as a prior conviction. The New Jersey Appellate Division’s ruling in Markowiec v. N.J. Motor Vehicle Comm’n reviewed the standards for determining when an out-of-state conviction counts under New Jersey law.
A first DWI offense in New Jersey includes a three-month suspension. If a first-time DWI defendant has blood alcohol concentration (BAC) of at least 0.10 percent, however, the statute requires suspension for seven months to one year. A second offense includes a two-year license suspension, regardless of BAC. For a third or subsequent offense, the period of license suspension is ten years.
The IDLC states that certain out-of-state convictions, including DWI, may be considered by New Jersey officials for the purpose of license suspension or revocation. The DWI statute includes a similar provision, but it also includes an exception. A defendant can have an out-of-state conviction excluded if they “can demonstrate by clear and convincing evidence” that the out-of-state offense arose from “a violation of a proscribed blood alcohol concentration of less than 0.08%.” This exception was the basis for the defendant’s appeal in Markowiec.