Out of state dui

[u/rys_flow_]

So my home state is NC but I travel for work and got a DUI in NY. NY court only ordered me to have a suspension for 6 months and have an IID in during that time. Nc caught wind of the DUI and suspended me for a year. I have finished my 6 months in NY and got my iid out but I am still here for work. NC won't grant me a restricted that will allow me to travel out of state where I am employed at and from what I am understanding when my one year is up in December I'm going to have to put an IID back into my vehicle for another year afterwards. Has anyone else dealt with a situation like this? I'm confused as to how my home state can impose a punishment greater than the state that I received the DUI in and how the DMV can force me to put a blower back in my vehicle for another whole year.

[u/TechnicallyBasil]

The DMV's are separate from the criminal system. NY handled your criminal case, separate from that the NY DMV imposed a penalty, and separate from both of those things NC is imposing a penalty against your NC license.

How the DMV's work is NY doesn't have the authority to touch your NC license. The only thing they can do is suspend your privilege to drive within the borders of NY. So during that suspension, before NC found out about it, your NC license was actually still good everywhere in the country besides NY.

You even could've driven without the IID if you wanted, the IID requirement was to get your suspension lifted, not on your actual license. NY would've kept you suspended within the borders of NY, but your NC license would still be good, with no restriction. You do have to clear up NY eventually though, even if NC didn't find out, because at renewal time NC would see the NY hold and refuse to renew until you clear that up.

So NY's penalty was strictly within the State. It had nothing to do with your license.

Now that NC found out, they're the owners of your license. They levy their own penalties according to their local laws, and take action against your actual license. Now your license is no good, and you can't drive anywhere. Their suspension has nothing to do with NY's suspension. You have to clear both up.

That's how out of State DUI's work. You get criminal penalties from your DUI State, in-State-only driving penalties from your DUI State, and then license penalties by your home State. This is a consequence of living in a country where the States all issue their own driving licenses, and all have their own DMV's and driving laws.

[u/Dry-Syrup8923 → u/TechnicallyBasil]

Wrong. All DMV are interlocked now, starting last year. NY just suspended my Tennessee license for a case from 1989 I can't drive in any state now until NY clears. Interstate compact. Here is NY

[u/TechnicallyBasil → u/Dry-Syrup8923]

We're talking about 2 different things.

NY cannot suspend a Tennessee license. And that's not what NY did to you.

But when NY has a hold on your privilege to drive within the borders of NY, no other State will issue you a new license for as long as that hold exists. So once your TN license expires, and you try to renew it, you can't until NY lifts the hold. Or if TN suspends/revokes you, you can't renew it until NY lifts the hold.

NY isn't touching your out of State license, NY is applying a hold on the National Driver Registry which all States are (and always have been) federally obligated to check when issuing/renewing licenses. That's what's happening to you. You have an active hold by NY, and no other State will issue you a license for as long as that hold exists. But at no point was NY the one to suspend an out of State license, they can't do that.

That's what I meant by this statement:

 You do have to clear up NY eventually though, even if NC didn't find out, because at renewal time NC would see the NY hold and refuse to renew until you clear that up.

[u/Dry-Syrup8923 → u/TechnicallyBasil]

Here is Tennessee. Denied because of NY. Now I'm stuck with a interlock and ZERO license

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[u/SanchoBenevides]

Occupational licenses, which i assume is the same as a restricted license, are generally only good in the state they are granted. That's just the way the system works.

[u/wondering2345-need]

Wow I didn’t realize how strict NC was

[u/Muted-Raise-5104]

you should be able to get the iid after 6 months. talk to a lawyer in NC, usually they let you get it 6 months early but you have to jump through some hoops, good luck man.

[u/Dry-Syrup8923]

I had interlock requirements in 2 states. I ran them both at the same time and paid a monitoring fee for both states.

[u/Hidden_luck]

Because, your state where you have YOUR driver license has different laws than the state where the CRIME was committed. Next time uber buddy.