New York Driver’s License Suspensions and Revocations
If you have been arrested and charged with DWI, DWAI or related offenses, you have probably seen and heard a lot about your driver’s license being suspended or revoked for a period of time. Often times it seems these two terms are used interchangeably. If you are unclear about the difference between suspension and revocation, and what these terms mean, read on for more information about driver’s license suspension and revocation in New York State. For personal legal advice and assistance with an Orange County DWI or DWAI matter, contact Dupée & Monroe in Goshen to speak with one of our experienced criminal defense attorneys.
Suspensions end. Revocations? It depends.
A driver’s license suspension is ordered for a fixed period time, and when that time period is over, the suspension is lifted and your driving privileges are restored. For instance, a DWAI conviction results in a 90 day driver’s license suspension for a first offense. At the end of that 90-day period and upon payment of the required suspension termination fee, the suspension will be lifted and your full driving privileges restored.
A revocation is much more serious and difficult to deal with. While a revocation is also ordered for a set minimum amount of time, it is not always so easy to get your license back after that time period is over. Since your license has been revoked and not just suspended, you will have to get a new license to drive. This requires reapplying to the DMV and possibly having to take the written and driving tests over again. Also, the DMV will review your record and decide whether you are even approved to apply for a new license or not. This review will including checking whether you completed any alcohol or drug treatment, and whether you have multiple convictions or too many negative units on your driving record. Obtaining a new license after revocation usually involves extra fees and monetary penalties as well.
If you are convicted of DWI, your license will be revoked for at least six months on a first offense, or for a minimum of one year if this is your second offense within the past ten years. Your license can be revoked for six months or more on a DWAI if it is your second offense within five years or third offense within ten years.
Effect of Impaired Driver Program (IDP) on Your License
Completion of the Impaired Driver Program (formerly the Drinking Driver Program or DDP), will end any suspension or revocation, even if there is still time left on the suspension or revocation. This provision does not apply to drivers who are under 21, have a commercial driver’s license, or who refused the chemical test. Also, if you have a prior DWI or DWAI conviction within the past 25 years, then you must serve out the entire revocation period before reapplying for a new license, regardless of whether you completed the IDP or not.
Lifetime Driver’s License Revocation by NY DMV
One last point to be aware of is that if you have five or more DWI convictions in your lifetime, then the DMV will move to permanently revoke your license, meaning you cannot apply for a new license at any time, with certain narrow exceptions. If you have three or four convictions in the past 25 years, then you cannot reapply for a new license until five years after the end of your revocation period, and if you are given a new license, it will be a restricted use license for the first five years and require an ignition interlock during that period. If you have prior DWI/DWAI convictions but your license is revoked for a reason that is not alcohol or drug-related, then the waiting period is two years after the end of the revocation. In that case, a restriction is placed on your license for two years, but an ignition interlock will not be required.
Get Help with Tough New York Drinking and Driving Laws
New York laws on drunk driving have gotten tougher and tougher, and it is more important than ever that any arrest for DWI or DWAI be taken seriously and handled by an experienced and successful New York criminal defense attorney. You need to consider not only the penalties you face if convicted for your current arrest, but also how that conviction could affect you in the future. If you have been arrested for DWI or DWAI in Orange County or anywhere in the mid-Hudson Valley, contact Dupée & Monroe in Goshen at 845-294-8900 for immediate assistance.