If my license suspended can drive another state

Since 1996 the federal government requires that all states participate in a program that prevents individuals who have had a suspension issued to them in one state (or more than one state) from obtaining a license in another state. A nationwide system tracks all drivers (or potential drivers) to prevent the issuance of a license to a suspended person.

We receive many calls from New York drivers wanting to know if their license can get suspended for receiving out-of-state traffic tickets. Similarly, we also get calls from out-of-state drivers receiving New York traffic tickets wanting to know if their home state will suspend their license.

To save you the time and hassle, we have researched and compiled the most relevant information for you. Whether you just want to know what happens if your license gets suspended in another state or if it is possible for another state to suspend your driver’s license, this information should help clarify things for you.

Out-of-State Drivers

If you are an out-of-state driver (i.e. have a driver’s license from a state other than New York), and you commit a traffic violation or series of traffic violations in New York that would be significant enough to suspend a New York driver’s license, NY can take away your ability to drive in their state.

For example, if you are an out-of-state driver and plead guilty to or are convicted of traffic violations totaling 11 points or more, you will automatically lose the right to drive in New York. 11 points might seem like a lot, but if you plead guilty to or are convicted of driving 41 mph over the speed limit, you already earned 11 points!

Additionally, if you are convicted of driving 21 mph over the limit even just twice in a one year span, New York will take away your ability to drive there. In other words, your out-of-state license will not officially be suspended. However, you will not be allowed to drive in New York. If you choose to drive in NY anyway, you can get convicted of Aggravated Unlicensed Operation (AUO), a crime that you can go to jail for.

If you happen to commute to the city every day for work from New Jersey, Connecticut, or any other state, this punishment can put an end to your job.

Aside from being barred from driving in New York, depending on the offense you commit, your out-of-state driver’s license could be suspended entirely.

Committing serious offenses like vehicular crimes and other major traffic violations outside of your home state can lead to a suspended license. Remember, in this case, your entire license will be suspended, not merely your ability to drive in one state.

New York License Holders

If you are a New York license holder and get ticketed outside of New York, points will rarely be assessed against your license.

Remember, according to the New York State Department of Motor Vehicles, “The NYSDMV does not record out-of-state violations committed by NYS drivers in other jurisdictions. The exceptions are alcohol-related violations, drug-related violations, and moving violations committed in Quebec or Ontario.”

However, if the offense you commit is serious enough to cause a suspension in the state you are driving in, New York may very well suspend your license too.

What happens is (usually) as follows:

• You get pulled over in another state for a vehicle and traffic violation like reckless driving and fleeing the scene of an accident, DUI/DWI, speeding 41 over, or some other serious traffic offense
• Then, you receive a traffic ticket in that state for the offense
• You either pled guilty or were convicted
• That state suspended your driving privileges there
• Now, that state petitions New York to suspend your license due to the severity of the offense or set of offenses
• New York DMV decides whether to suspend your license or not

In such an instance, it really can go either way and there is no set rule. However, if the offense you committed involved personal injury or death coupled with really reckless activity, you can be fairly sure New York will suspend your license as well.

There are many different scenarios in which your license may be suspended, including driving under the influence, leaving the scene of an accident, and assaulting another motorist (i.e. "road rage"). Having your driver's license suspended or revoked can be a serious obstacle when you're trying to earn a living, raise a family, or just have a social life. But what happens when you move to another state? Does the suspension follow you, or can you obtain a valid license in the new state? Well, as with most legal matters, it depends.

Reciprocity: The Driver License Compact

Thanks to the Driver License Compact (DLC), your driving record will follow you almost anywhere you go in the United States. The DLC is an interstate agreement that facilitates states' exchange of information regarding traffic violations, suspensions, and revocations. The compact's motto is "One Driver, One License, One Record."

Under the compact, virtually all traffic offenses that occur in a different state are treated as if they occurred in the state where you're licensed (this is limited to moving violations and typically excludes offenses such as parking tickets or tinted windows). So, if your license is suspended in a member state, it will likely be suspended in any other member state to which you relocate.

Similarly, if you apply for a license in a new state, your suspension will likely prevent you from being issued a new license. That happens because when a person applies for a driver's license, the DMV (or applicable motor vehicle agency in the state) checks to see if the name appears on the National Driver Register (NDR) -- a database containing the names of people who have had their license suspended or revoked.

There are five possible results when the DMV of a member state checks your information at the NDR, including:

1. No Match - Individual has no record in the database
2. Match - Individual does in fact have a record in the database
3. Licensed (LIC) - Individual holds a valid driver's license in the state
4. Eligible (ELG) - Individual is legally eligible to apply for a license in the state
5. Not Eligible (NELG) - Individual is ineligible to apply for a license in the state

The license compact isn't only interstate, but international in a few cases. For example, New York, Maine, and Florida all have special agreements with Quebec, allowing them to exchange information and take adverse action.

A Few Exceptions

While the majority of states are members of the Driver License Compact, there are a few exceptions. For instance, Maine, Wisconsin, Georgia, Michigan, and Tennessee aren't members of the compact. Your chances of obtaining a new driver's license in a non-member state are probably greater. 

In addition, in order to be penalized for an out-of-state offense, the driver's state must punish the same conduct. For example, Colorado has a careless driving statute, while Arizona does not. So, if a driver from Arizona is cited for careless driving in Colorado, the citation won't affect his driving record in Arizona. 

Still Confused About the Status of Your Driver's License? Contact an Attorney

It can be stressful trying to navigate your job, family responsibilities, and life in general without a valid driver's license. But if you're moving to another state hoping to get your life back in order, keep in mind that a suspended license may follow you across state borders. If you have questions or specific legal needs with respect to a suspended license, talk to a traffic attorney licensed in your state.

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