Consequences to New York Licensee of DUI Conviction in Vermont
VTL §1193(2)(b)(8). Revocation of license for Out of state convictions:
90 DAYS REVOCATION
Effective until 10/1/09: 90 days, if convicted of an offense consisting of operating a motor vehicle under the influence of intoxicating liquor:
Under 21: 6 months, if licensee is convicted as a youthful offender or other juvenile adjudication, which would have been a misdemeanor or felony if committed by an adult, in connection with an offense consisting of operation a motor vehicle under the influence of or while impaired by the use of drugs
Effective 10/1/09: 90 days (sunset provision)
Practice Tips:
If client has a prior conviction for DWI in NY and receives a DUI conviction in VT: At least 90 days, but, VERY IMPORTANT: NY will ONLY reinstate in NY when driving privileges are reinstated in VT
Under the compact, until the state of conviction lifts the suspension, NY is bound to honor it.
Q: If NY licensee gets 6 months suspention for refusal w/re Civil Susp., and DUI conviction, what will NY do?
My best guess is that NY will reinstate after 90 days, but there is the possibility that NY won't reinstate until reinstated in VT.
In general though, NY will only suspend for convictions when the suspension is a part of the criminal penalty, not, as in VT, a DMV consequence for a conviction.
E.g., DUI reduced to Neg. Op. VT DMV will suspend driving privileges in VT for 30 days, but NY will not suspend for a Neg. Op. at all.
Conditional license available in NY for first offense if enrolled in alcohol education program. In order to do alcohol education program in NY, NY must be notified of VT conviction. If NY is not notified of conviction in timely manner, is possible that even after reinstated in VT, NY could suspend for 90 days.
NY will NOT suspend for a Civil Suspension in VT
NY will NOT suspend for a Neg. Op. or GNO
Because under the compact they treat it as a RD which does not carry with it a suspension.
