Later this month, the New York Court of Appeals will hear three cases that bring into question the fairness and validity of certain restrictions placed on those who have been convicted of driving while intoxicated (DWI) on more than one occasion. Passed in 2012, these…
In New York, a person’s driver’s license can be revoked for any number of reasons, including driving while intoxicated (DWI). Having a suspended or revoked license can make day to day life extremely difficult. For instance, those who do not live within walking distance of work may be required to carpool with a colleague or use public transportation to get to work on time. Not having a license can also make it nearly impossible to perform daily tasks, such as picking up your kids from school or going to the grocery store. Fortunately, it is possible for those who have had their licenses suspended or revoked to have them reinstated.
Restoring a Suspended Driver’s License
In New York, drivers face serious consequences if charged with any of the following:
- Driving While Ability Impaired by Alcohol (DWAI), which is punishable by a 90 day license suspension; or
- Driving While Ability Impaired by a Drug (DWAI-Drug), which can lead to a six month license suspension.
- Serving your suspension time without violating any conditions; or
- Paying the fee to have the suspension terminated.
Restoring a Revoked Driver’s License
When a driver’s license is revoked, it means that the person’s privilege to drive is voided and he or she will have to reapply to the Department of Motor Vehicles (DMV) after the revocation period is over in order to obtain a new license. This application can be denied if the driver has a poor driving record or does not meet the DMV’s minimum requirements.
Those who are convicted of driving while intoxicated automatically have their licenses revoked in accordance with the following guidelines:
- Driving While Intoxicated, which can lead to a six month license revocation;
- Aggravated Driving While Intoxicated (AGG-DWI), which is punishable by a one year license revocation;
- DWI or DWAI committed within ten years of a previous violation, which can lead to a one year revocation; and
- DWAI committed within five years of any previous violations, which is punishable by a six month license revocation.
Drivers who are under the age of 21 years old and who are convicted of DWI face even harsher consequences as their licenses can be revoked for a year for their first alcohol or drug-related violation. An underage driver who is convicted a second time will have his or her license revoked for a year or until he or she reaches the age of 21 years old, whichever is longer.
A driver who has had his or her license revoked must take the following steps:
- Pay a re-application fee to the New York DMV;
- Take and pass the state’s vision, written, and driving tests; and
- Pay a civil penalty.
The Impaired Driving Program
Eligible parties may be able to receive a conditional license or a conditional driving privilege if they complete New York’s Impaired Driver Program (IDP). Although participating in this program will not prevent or reduce the penalties or fines imposed for a driver’s violation, it can allow those with suspended licenses to drive for limited purposes, such as traveling to and from work.
Call an Experienced DWI Attorney Today
Please call the Law Offices of George Vomvolakis at 212-682-0700 to schedule a free consultation with a skilled DWI attorney who can explain the consequences of DWI convictions.