There are imposing sanctions for Chester County DUI's. If there is an out-of-state license, your Chester County DUI lawyer is going to have to determine what, if any, suspension you face at home. The first thing to determine is whether Pennsylvania is the home or licensing state with the provisions of the Compact. Recall that the Compact is between 46 states and follows the following,
- The “one driver license” concept, which requires the surrender of an out-of-state driver’s license when application for a new license is made;
- The “one driver record” concept, which requires that a complete driver record be maintained in the driver’s state of residence to determine driving eligibility in the home state, as well as for his nonresidence operator’s privilege in other jurisdictions;
- Reporting of all traffic convictions and license suspension/revocations of out-of-state drivers to the home state licensing agency, as well as other appropriate information; and
- The assurance of uniform and predictable treatment of drivers by treating offenses committed in other states as though they have been committed in the home state.
Pursuant to Article IV of the Compact, only the licensing authority of a driver's home state is required to act upon a report of the driver's impaired or intoxicated driving conviction received from the convicting state. The Compact defense "home state" to mean the "state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle." The key for determining which state is a driver's "home state" for purposes of the Compact is the date on which the driver is convicted of the out-of-state DUI offense (see Schrankel v. DOT, Bureau of Driver Licenses from 2000).
Thus, a driver's "home state" for purposes of the Compact is the state that had issued the driver a driver's license on the date the driver was convicted of the out-of-state DUI offense. Thusly, if a driver is a PA licensed driver on the date an out-of-state DUI offense is committed, but is a NY-licensed driver on the date the driver is convicted of that DUI offense, for Co. mpact purposes, NY, not PA, is the driver's "home state" for purposes of Article IV fo the Compact