Are out-of-state drivers subjected to the penalties of their home state? 

The charges are complicated and confusing depending on if you hold a different driver’s license in a different state. For example, New Jersey doesn’t have driving while ability impaired, but they do have driving while intoxicated. Even though it’s not considered a crime here, because it is a crime in New Jersey, you will be subject to all the penalties in New Jersey that go along with driving while intoxicated even though you were not found guilty of that. The Blood Alcohol Content (BAC) to be considered driving while ability impaired is lower than the BAC required to consider someone driving while intoxicated.

People who are driving while intoxicated or driving while ability impaired can be excluded from getting into Canada or leaving the country in other states. Canada is very strict on these charges, they can deny you entrance based on a driving while ability impaired because, again, it’s not a crime in New York but it is in Canada.


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