Many people believe that an out-of-state DWI conviction has no repercussions in their home state of New York. In reality, New York is party to the Interstate Driver’s License Compact (IDLC), which requires each member to treat out-of-state convictions for drunk driving as if they…
A person convicted of driving while intoxicated (DWI) faces serious criminal penalties, including jail time and hefty fines. However, this is not the only thing that defendants have to worry about, as offenders also face temporary and in some cases, permanent suspension of their driver’s licenses. In certain situations, it is possible to receive a conditional license that allows the driver to travel to and from work or school, but obtaining them can be difficult, so if you were arrested for driving under the influence, it is crucial to speak with an experienced DWI attorney who can help protect your interests.
In New York, anyone charged with a DWI who had a BAC of .08 percent or more at the time of arrest will automatically have his or her license suspended. This is true even when the matter is still pending and the person has not been convicted in court. Those who have been charged with a DWI and refuse to submit to a chemical test will also have their licenses automatically suspended, as will defendants who are charged with a second DWI-related offense within a period of five years. Once a person has served the suspension time and paid the required fees, the DMV will reinstate his or her license.
Unlike suspensions, license revocations do not end automatically after a fixed period of time. Instead, revocations are considered permanent until the person has:
- Submitted a new application to the DMV;
- Paid the necessary re-application fees;
- Submitted adequate proof demonstrating that he or she has completed all required alcohol/drug treatment programs; and
- Submitted to and passed a review of his or her driving record.
Those who are convicted of multiple DWI offenses will have their license revoked for at least one year, as will a defendant convicted of Aggravated Driving While Intoxicated.
In some cases, courts are willing to terminate suspensions or revocations earlier than required if the defendant enrolls in and successfully completes the Drinking Driver Program. However, this exception is not available to certain individuals, including those who:
- Are under the age of 21 years old;
- Possess a Commercial Driver’s License;
- Refused to submit to a chemical test; or
- Have had a previous DWI-related conviction within the last 25 years.
Some drivers are also eligible to receive conditional driver’s licenses that allow them to drive to and from certain locations, including:
- The Drinking Driver Program;
- Alcohol/drug treatment;
- Appointments with their probation officer;
- The DMV;
- Medical treatment; and
- Their child’s school.
Those who are granted conditional licenses are also given three hours a week to run other errands. Unfortunately, not everyone is eligible to receive a conditional license, including anyone convicted of DWAI Drugs, so it is critical for those who wish to apply for a conditional license to speak with an experienced DWI attorney who can explain the application process.Contact us Today to Speak With an Experienced New York DWI Attorney
Being charged with a DWI can have serious repercussions, so if you were arrested for driving under the influence and have questions about formulating a defense, please contact the Law Offices of George Vomvolakis at 212-682-0700 today.