Conditional License & New York DWI Law

Not ever drunk driving arrest will end in an acquittal or dismissal. As such, if you are convicted of any New York DWI offense codified in VTL 1192, your license will be suspended or revoked. Even if you are never convicted, upon your arraignment on the accusatory instrument charging you with misdemeanor VTL 1192.2, 1192.3 or felony Aggravated DWI, a judge will temporarily suspend your driving privileges. Ultimately, whether your privileges are revoked or suspended for 90, 180 or even a greater amount of days, your DUI attorney can help you secure a conditional license from the NYS Department of Motor Vehicles. Assuming you are eligible, restoring or maintaining the “right” to drive can, and often will, minimize the collateral consequences of Driving While Intoxicated or Driving While Ability Impaired. In fact, it can mean the difference from being unable to drive and having a limited privilege that will allow you to work, remain in school or continue with medical treatment.

Restored Rights and Privileges

A conditional license can restore many privileges and benefits. You can drive back and forth to work during your regular business hours, attend classes in college or technical training school, keep appointments with medical professionals for yourself and members of your household, and drop a child at daycare if required to enable you to continue at an accredited school. Despite these benefits, your ability to drive will not be fully reinstated. CDL rights are not restored nor can this privilege allow you to drive to high school.

Eligibility

You must first enroll in and attend the Impaired Driving Program or IDP (previously called the Impaired Driver Program). Even if limited privileges are restored with your conditional license, you must complete the IDP. If you fail to do so your suspension or revocation will be fully reinstated. Similarly, if you are instructed to complete any additional treatment you must do so or lose your new license.

Revocation

The DMV is extremely strict. If you drive anywhere outside the very limited places you are allowed and violate “when or where you may drive,” expect your limited license to be revoked. Similarly, any moving violation or even a failure to wear a seat belt – for you or a child – will terminate this benefit. It should go without saying that if you are convicted of a drug or alcohol related offense, then your temporary ‘rights” will also end.

Other Important Issues

Assuming you are over twenty-one years of age and you complete the IDP, your license will be restored even if you lost your conditional license. If, however, you are under this age and the DMV revoked your privilege for any of the above reasons, then it will remain revoked for one year.

Your Case, Your Defense, Your Future

While the strongest DWI or DUI defense is largely dependent on retaining the right lawyer to examine and successfully challenge the relevant evidence, when your counsel cannot achieve a dismissal, acquittal or other exoneration, a plea or lesser disposition may be your best option. In these cases, your license will either be suspended or revoked as a matter of law. As such, because driving a car is often essential to your ability to conduct your life at the most basic level, pursuing a conditional license may be critical. Whether your attorney asks the court to “stay” or put a hold on your license suspension or revocation for twenty days at your sentencing or you merely apply for this limited license at some point thereafter, maintaining the ability to operate a motor vehicle can be lifesaving.

When arrested for one of any New York DUI crimes, don’t let an allegation of wrongdoing destroy your life. Contact the former Manhattan DWI prosecutors at Saland Law so advocacy, experience and knowledge can be your best defense.

Call the New York City conditional license lawyers and former Manhattan prosecutors at 212.312.7129 or contact us online today.