Impaired Driver Program: IDP

If you’re arrested for DWI, DUI or any drunk or drugged driving crime in New York State, there are many direct and collateral consequences that you will face. While an experienced DUI lawyer will help you navigate the legal, criminal and DMV process, if you are convicted of a crime or even the non-criminal violation of DWAI, should you want to obtain a conditional license you will need to enroll in the Impaired Driving Program or IDP. Through classroom education and potentially additional treatment, the IDP is NYS’s means to not merely minimize future vehicular accidents resulting from alcohol or drug use by way of intoxicated or impaired driving, but the injuries and fatalities that can occur as a result. Formerly called the Impaired Driver Program or IDP, the Impaired Driver Program’s goal is clear. Upon completion, you should never find yourself driving drunk nor impaired again.

Educating drivers convicted of VTL 1192 crimes starts with identifying high-risk behaviors and teaching students how to change their conduct. This education is not only individually based, but in group session environments upon the completion of individual screening. Keep in mind that participants can be referred to and for further mandatory treatment.

Treatment in a classroom setting consists of weekly two to three-hour periods for a total of sixteen hours. These classes may involve lectures, multimedia presentations or whatever the instructor deems appropriate.

If you are referred for additional treatment by court or the IDP you will be required to obtain a formal substance abuse assessment. These additional or further assessments can result from more than one alcohol or drug-related driving conviction within a ten-year period, an arrest for a drug or DWI offense while still enrolled in the IDP or appearing at a classroom session drunk or impaired.

Once referred for assessment, you can decide which professional you want to engage as long as her or she is approved by the Office of Alcoholism and Substance Abuse Services or OASAS (available on the OASAS website). If you disapprove of your assessment findings you may pursue a second professional but cannot challenge this subsequent assessment. Remember, if the findings of your assessment are that you must enroll in or complete a secondary program for alcohol or substance abuse, then it is mandatory that you do so. Should you refuse or not follow through, then you will be removed from the IDP and stripped of your conditional license.

Assuming you have lived up to your obligations as determined by the IDP, you will receive a “Notice of Completion” that will also be sent to the DMV. At this juncture you may be able to apply for a new license or to have your regular privileges restored in full. Keep in mind that even if you successfully finish the program you may not ultimately avail yourself of these benefits if, for example, you have more than one DWI or DWAI offense on your record, your conditional license was already terminated, or you were not at least 21 years old when you were arrested.

Merely because you enroll in the IDP does not mean you will always see it through to the end and receive the benefits associated with completion. For example, if you miss class or any mandatory treatment, don’t engage in the program satisfactorily or simply don’t pay the $75 DMV enrollment fee or IDP fee (not to exceed $234), you will find yourself stripped of your conditional license. Keep in mind that if you would like to re-enroll you need approval to do so but you will not be given a new conditional license. The latter is a one-time opportunity.

Putting yourself in the best place to obtain a conditional license starts with retaining the strongest advocates, most knowledgeable attorneys, and experienced lawyers in the legal and practical world of New York drunk driving laws. Whether you are ultimately vindicated, or your counsel convinces the District Attorney to make you a non-criminal or lesser plea offer is dependent on many factors, but it starts with having the right team on your side.

Call the New York Drunk Driving Program (IDP) attorneys and former Manhattan prosecutors at 212.312.7129 or contact us online today.