Ithaca DWI Attorney: SOUTH CAROLINA LICENSE CONSEQUENCES WITH A NEW YORK DWI
We get tons of phone calls from all over the country asking us "what will happen to me in my home state (not NY) after I got my New York DWI?" Bearing in mind that we are not licensed to practice law in all 50 states (between Larry and me we are licensed in 7 states), we do our best to consult with licensed attorneys and do our own research to help people deal with license consequences in as many states as we can.
For today's blog, I've chosen to outline the license consequences in South Carolina because of a case we're currently working on.
*DISCLAIMER: I am not a licensed South Carolina attorney and the information we are providing is for educational purposes only. If you have a South Carolina issue, we advise you to contact a South Carolina attorney. Thanks!
What's South Carolina going to do to your license if you get a DWI in New York?
1. They require a 16 hour Program to be performed after you are convicted in New York. Fortunately, they will allow you to take a similar program out-of-state to meet the requirement. In New York, the only program that will likely meet the requirement of South Carolina is the New York Impaired Driver Program (aka IDP). The IDP is a 15 hour program over the course of 7 weeks that is run by the NY DMV. Since the NY program is only 15 hours, South Carolina will allow you to take the NY program and then do an extra hour in South Carolina or potentially some other hour of counseling later. [so the NYS DMV 15 hour program plus one hour of counseling = 16 hours]
2. South Carolina will allow you to obtain a "provisional license" (only good in SC) and unlike the NY Conditional license, it is route specific. In other words, you are only able to drive on a certain route and must not deviate from it. That route will be predetermined by SC DMV. The approx. cost is $100.
3. South Carolina will require you to get a SR-22 for insurance purposes (this is a vehicle liability insurance certificate). This is required by the state. (SR = safety responsibility)
*FYI, only 8 states don't require a SR-22 (Delaware, Kentucky, Minnesota, New Mexico, Oklahoma, Pennsylvania, New York, and North Carolina).
The SC version of NY's "Impaired Driver Program" is the ADSAP
ADSAP Interstate Phone line (kinda rhymes with Aflac): 843-821-5412
South Carolina's "Alcohol and Drug Safety Action Program" is a program certified by the South Carolina Department of Alcohol and Other Drug Abuse Services. Completion of this program is required following Driving Under the Influence suspensions (any place or you must check for reciprocity). ADSAP enrollment must be on file with DMV before obtaining a Provisional License (their version of NY's conditional/occupational). ADSAP completion must be on file with DMV before your driving privileges can be restored in South Carolina.
SC's "Provisional Driver License"
Individuals suspended for first offense driving under the influence (in NYS or SC) or unlawful alcohol concentration will be eligible for a provisional license if they meet the following criteria:
-They must have or have had a South Carolina driver’s license or be exempt under South Carolina Code of Laws 56-1-30.
-They must have no other suspensions following the driving under the influence or unlawful alcohol concentration suspension except implied consent, implied consent under 21, BAC of .02 or greater, BAC of 0.15 or greater deriving from the same incident.
-They must have enrolled in the Alcohol and Drug Safety Action Program (or likely the NYS DMV IDP equivalent, so check).
-They must have a certificate of SR-22 insurance on file with the Department of Motor Vehicles.
-The cost for a provisional driver’s license is $100.00.
(These provisional licenses are very specific. Detailing: where, when, how, and why you are driving.)
CONCLUSION
There are ways to begin dealing with the South Carolina portion of the license issue even while you are still residing in New York. So if you are convicted of a New York DWI while visiting Ithaca, Watkins Glen or the surrounding areas, and you cannot return home to South Carolina for a while, there are still steps you can take to limit your exposure back home.
I hope this info helps anybody with this specific issue. However, if you want to go straight to the source, give us a call, shoot us an email or fill out the form on our website.
BY MIKE CYR
607-229-5184
NEWMAN & CYR
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DISCLAIMER: If you or a loved one is charged with a crime in NY, we strongly urge you to consult with a local, licensed criminal defense attorney to help lessen the possible negative outcomes of the charge--including the potential loss of your freedom.
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*Educational Purposes only. Copyright 2017 NEWMAN & CYR PLLC.
