Most people would agree that losing a driving license can be devastating occurrence. The inability to drive can effect every aspect of your life and can have a serious impact on your family and employment.
Our New York DUI attorneys will fight aggressively to prevent loss of your license by using their knowledge and experience to protect your rights. We always act fast to prevent your loss of your driver’s license. Our goal is to seek dismissal of the charges against you and to mitigate the impact of your DUI/DWI arrest. Contact one of our Experienced New York DUI lawyers for further information on how we can help you save your right to drive by calling 646-871-1609.
New York DUI/DWI and DWAI Suspension and Revocation Information
If you have been arrested for a DUI/DWI or DWAI in New York, you will be subject to suspension or revocation of your driver’s license.
Under a suspension, your driver’s license is invalidated for a set period of time. You may be required to pay a fee before your license can be returned at the end of the suspension period. Under a revocation, your driver’s license is cancelled for a set period of time and you must reapply for a new license in order to drive after the revocation period has expired.
The relevant periods of suspension or revocation are as follows:
Aggravated Driving While Intoxicated (AGG DWI): 1-year revocation
Driving while Intoxicated (DWI): 6-month revocation
Driving while ability impaired by a drug (DWAI-Drug): 6-month suspension
Driving while ability impaired by Alcohol (DWAI-Alcohol): 90-day suspension
DWI or DWAI-Drug committed within 10 years of previous violation: 1-year revocation
DWAI committed within 5 years of any previous alcohol or drug violation: 6-month revocation
Drivers under 21 years of age: 6 month suspension up to a 1-year revocation for first alcohol or drug violation and possible revocation until 21st birthday for second alcohol or drug violation.
Refusal to submit to Breathalyzer
If you are arrested for a DUI/DWI, a DWAI or any other alcohol or drug-related offense and refused to take the breathalyzer or other chemical test, your license will be suspended for a year or more and you will be required to pay a $500 fine. These penalties are in addition to any penalties imposed for an actual conviction of the DUI/DWI, AGG-DWI or DWAI.
If your driver’s license is suspended pending DUI/DWI charges, you may still be entitled to seek a hardship license. A hardship license will permit you to drive to or from work, to or from necessary medical treatment, or to and from school, college or university if such travel is necessary for the completion of the educational degree or certificate. A hardship privilege is not valid for the operation of a commercial vehicle.
In order to obtain a hardship license, you must not have refused to submit to the chemical test, you must not have had a prior DUI/DWI conviction in the last five years and you must provide the court with sufficient evidence that you will suffer a hardship if you cannot drive to work, school or medical appointments.
If you have been arrested for a DUI/DWI, an experienced New York DUI attorney may be able to help you obtain a hardship license while your case is pending.
Conditional Driving Privileges
If your driver’s license is suspended or revoked for a drunk driving offense, you may still be eligible for conditional driving privileges. Conditional driving privileges will enable you to drive to or from work, to or from necessary medical treatments, or to and from school, college or university if such travel is necessary for the completion of the educational degree or certificate. Conditional driving privileges may require participation in the New York Drinking Driver Program (DDP) and payment of program fees. Conditional Driving privileges are not available for commercial driver’s licenses.
Driver responsibility assessment
If you have been convicted of an alcohol or drug-related offense, you may be required to pay a driver responsibility assessment in addition to any fines, fees or penalties you must pay. The assessment for alcohol or drug-related offenses is $250 and must be paid each year for three years to the DMV.