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Navigating DWI: DMV License Issues


New regulations In New York State took effect on September 25, 2012 that affect drivers with multiple alcohol/drugged-driving related convictions or incidents.

*It is important to note that if you receive a suspension you will likely be able to receive a fully restored license by paying a fee without having to re-apply for a license. However, a revocation will require you to re-apply for a license. The re-application process will thereby trigger a lifetime look-back of your driving history for which the following sanctions apply:

2 ALCOHOL/DRUG RELATED DRIVING CONVICTIONS IN 25 YEARS

REQUIRES SERVICE OF FULL REVOCATION PERIOD

Typically in NY for an individual facing a first alcohol/drug related conviction will be allowed or ordered to attend an Impaired Driver Program. This is a seven week course which, upon completion, would allow a first time offender to receive a fully restored license (*for a refusal, completion of the program will only allow a motorist to acquire a conditional license for the remainder of the refusal revocation following completion).

However, applicants with two or more alcohol/drugged-driving related convictions or incidents within the preceding 25 years will be required to serve their entire sanction period even if they complete the Impaired Driver Program (IDP) (previously known as Drinking Driving Program (DDP))and will be required to submit proof of rehabilitation. Essentially, this new rule treats motorists with a prior alcohol/drug related conviction as someone who had a refusal, allowing only a conditional license upon completion of the IDP.

2 YEAR WAITING PERIOD + 2 YEAR PROBLEM DRIVER RESTRICTION

  • Applicants with three or four alcohol/drugged-driving related convictions or incidents within a 25 year period, without a serious driving offense and whose revocation does NOT result from an alcohol or drugged driving conviction or incident, will be denied relicensing for two years in addition to the statutory revocation period, and then will be relicensed with a problem driver restriction for two years. A serious driving offense is a fatal accident, a driving-related penal law conviction, conviction of two or more violations for which five or more points are assessed, or 20 or more points from any violations.

5 YEAR WAITING PERIOD + 5 YEAR PROBLEM DRIVER RESTRICTION

  • Applicants with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years, without a serious driving offense and whose revocation DOES result from an alcohol or drugged driving conviction or incident, will be denied relicensing for five years in addition to the statutory revocation period, and then will be relicensed with a problem driver restriction for 5 years with an ignition interlock.

LIFETIME DENIAL OF RELICENSURE

  • Applicants with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years, with a serious driving offense will be permanently denied a driver license, unless there are compelling or extenuating circumstances.

  • Applicants with five or more alcohol/drugged-driving related convictions or incidents on their lifetime driving record will be permanently denied a driver license, unless there are compelling or extenuating circumstances.

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