Friday, July 15, 2016

Ithaca Watkins Glen DWI lawyer: Can I transfer my Florida DUI Restricted License to a New York Restricted License?



Can I transfer my FL restricted DUI license to a NY restricted License?

I just moved to NY, and am now a NYS resident but I have a DUI restricted license from Florida. I want to change over my licensure, can I?

In this instance, you can plug in any state because the answer would be the same when moving to New York

Can I go to the NYS DMV, and transfer my Florida DUI license (or any out-of-state restricted license) to become a NY restricted license?

Each state has different criteria for granting any "limited" licensure. Generally there is NOT reciprocity on this from state to state. In other words, states don't give credit or punishment for other states issues. They may have to take over a felony (criminal) level of probation (community supervision and monitoring), but asking them to take over administrative burdens is another story entirely.

You have to be fully released from FL DMV to obtain any other state licensure. You will eventually apply to the NYS DMV if you are a resident. No one in the new USA can currently hold more than one driver's license (licenses from multiple states). Having driver's licenses from more than one jurisdiction is a thing of the past.... before terrorism and the internet.

The more important issue is: do you have driving privileges in NY using a Florida restricted DUI license? 

New York will likely not recognize Florida restricted driving privileges. You could face a criminal misdemeanor if caught driving called AUO 3rd. Aggravated Unlicensed Operation. This is "knowingly" driving without a license or privilege. You could argue ignorance... but it is a danger.

Florida can't grant limited (restricted) privileges outside of FL. State to state we allow driving on any state or foreign license. but this is if there are no outstanding issues, and it is a full (complete) license. This is under full faith and credit between the states in the US Constitution.

Remember, because driving is a privilege, and not a right, the states do not have to give any privilege to drive.

Can't New York just take my Florida license, and give me a New York driver's license? 

No, unfortunately, it does not work that way. 

You cannot just surrender a FL restricted license, and get any NYS license because Florida still has a hold upon driving privileges that must be satisfied first. If FL suspended full privileges due to the DUI, and has requirements then all must be met including having only those FL restricted privileges for a time period. 

Potentially, if a person from out of state goes into the NYS DMV that could make things worse because it then shows knowledge of circumstance. Things can be complicated with license issues.

If you have questions about a DWI or DWAI Drugs case, call us:  607-229-5184

Or FInd us online!   www.ithacadwi.com

www.watkinsglendwi.com

www.facebook.com/ithacadwi

www.twitter.com/ithacadwi

*Newman & Cyr is a boutique law firm in the Finger Lakes region of upstate New York focusing on DWI defense.

By NEWMAN & CYR, PLLC
Copyright 2016

DISCLAIMER: If you or a loved one is charged with a crime or ticket, we strongly urge you to consult with a local, licensed criminal defense attorney to help protect you from any possible punishment--including the loss of your freedom.

Educational use Only.