Copyright 2010: Law Offices of Glenn W. Magnell All Rights Reserved.
DWI Impact On Driving Privileges
If you are convicted of any of the alcohol-driving offenses in the
NYS Vehicle and Traffic Law (VTL §1192) you are subject to a mandatory period of suspension or revocation of your driver's license
(if you have a NYS driver's license) or a mandatory suspension or revocation of your privilege to drive in NYS (if you hold an out-of-state
driver's license). These sanctions apply whether you agree to plead "guilty" to some alcohol-driving offense or are found guilty
at trial.
The sanctions applied are as follows:
|
OFFENSE |
SUSPENSION/REVOCATION |
DURATION |
|
DWAI (1st Offense) |
Suspension |
90
days |
|
DWAI (2nd Offense) |
Revocation |
6 months |
|
DWAI (3rd Offense) |
Revocation |
1 year |
|
DWI (1st Offense) |
Revocation |
1 year |
|
DWI (2nd Offense) |
Revocation |
|
|
DWI
(3rd Offense) |
Revocation |
Lifetime |
|
Aggravated DWI (1st Off) |
Revocation |
1 year |
|
Aggravated DWI (2nd Off) |
Revocation |
2 years |
|
Felony DWI |
Revocation |
Various |
Hardship License
A driver whose license or privilege is "suspended pending"
can apply to the court for a "hardship license" or privilege. A "hardship" provides a very limited right to drive in NYS. Basically, it entitles a driver to use a vehicle to drive to and from work and home, go to a doctor and sometimes to and from court. Beyond that it does not provide for any other driving privilege. For a driver whose employment requires driving it is useless. The "hardship license" is only available to drivers who have not had a prior DWI/DWAI or DWAI-D conviction in the previous 5years.
Pre-Conviction Conditional License
Once the "suspension pending" has been in place for 30 days a driver can apply to the NYS DMV for a "pre-conviction conditional license" (CL). A CL is a somewhat more flexible form a restricted license. It permits a driver to use a vehicle to get to and from work, to drive for work, to drive to school (including taking children to school), drive to doctor's appointments, to drive to and from court and provides a window of 3 hours per week where they can drive wherever they wish. The conditional license is only available to driver's who have not had a prior alcohol-driving conviction in the previous 5 years. The pre-conviction conditional license will remain the only driving privilege a driver has until the charges against them are disposed of.
Post-Conviction Conditional Licenses
If a driver is convicted (by plea or after trial) their license or privilege will
be suspended or revoked for a period prescribed by law (see below for the length of suspension/revocation by offense). If a
defendant has not had a prior DWI/DWAI conviction in the prior 5 years they will be eligible to apply to NYS DMV for a "post-conviction
conditional license." In order to be granted a post-conviction conditional license a driver must enroll in the NYS DMV "Drinking
Driver Program" (DDP) which is a seven week alcohol abuse prevention course that meets once a week for 2 1/2 hours. In order
to enroll in the DDP NYS DMV must have received proof from the court that the driver has been convicted of DWI, DWAI or DWAI-Drugs. Since it typically takes 2-3 weeks for this documentation to get from the court and into the DMV computer system, the sentencing court
can be requested to "stay" the suspension or revocation for 20 days. This gives the driver full driving privileges for 20 days
from the date of the sentencing for their conviction.
There are DMV fees for both "pre-conviction" and "post-conviction" conditional
licenses, as well as, for enrolling in the DDP. For more information about the NYS DMV Drinking Driver Program, click here.
Suspension Pending Prosecution
A driver arrested for DWI will typically have their first court appearance within 2 weeks after
their arrest. The initial appearance before a judge is called an "arraignment." At the arraignment the law requires a
defendant be advised of the charges against them, their constitutional rights and that they be allowed to enter a plea (usually "not
guilty"). If the arrest is for a first time DWI offense most defendants are not required to post "bail." Instead, the
are "released in their own recognizance" and given a new date to return to court with an attorney.
At the arraignment the defendant is also subject to have their driver's license (if NYS license) or their privilege to drive in NYS (out-of-state drivers) "suspended pending" the rest of the prosecution. NYS DWI law requires the judge handling the arraignment to issue as "suspension pending" if the police have turned in a sworn document showing that a valid "chemical test" was given and that the result showed .08% or more blood alcohol concentration. atsult showed .08% or more blood alcohol concentration.
