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Home / New York Criminal Law Articles / Conditional Driver’s License

Conditional Driver’s License

One of the first steps the government will take after you have been arrested for DWI or DWAI is to suspend your driver’s license. There are ways to fight the suspension pending prosecution, but if you cannot avoid having your license suspended, you may still be able to obtain a conditional license. Below are facts about what a conditional license is and when you can and can’t get one. If you have been arrested for DWI or DWAI and are facing a suspension of your driver’s license along with the serious costs and penalties of a New York DWI/DWAI conviction, contact Dupée & Monroe in Goshen for immediate assistance. Our experienced DWI/DWAI lawyers help with all aspects of a drunk driving case, including driver’s license suspension.

Who is eligible for a conditional license?

If you are eligible to participate in the Impaired Driving Program (IDP), which was formerly known as the Drinking Driver Program (DDP), then you are eligible to apply for a conditional license. The IDP is a voluntary program for people who have been convicted of an alcohol or drug-related driving violation, but there are many ways you may be disqualified from the program. For instance, you may be ineligible for the IDP if you have a previous conviction for DWI, DWAI, or another other alcohol or drug violation within the last five years. Although the court may still mandate your participation in the IDP in this circumstance, you would not be eligible for a conditional license.
What can you do with a conditional driver’s license?

    • Drive to and from work
    • Drive during work for work-related reasons (but currently not as a cab driver or commercial driver)
    • Drive to and from school (not high school)
    • Drive to and from your child’s school/day care if their enrollment is necessary for you to go to work or school
    • Drive to and from a doctor’s appointment for you or a member of your household
    • Drive to and from the DMV, probation, the Impaired Driver Program or other alcohol or drug treatment program
  • Run errands during one three-hour period per week, which will be assigned to you

How long is a conditional license good for?

The conditional driver’s license is good until you get your regular driver’s license back. However, it can be revoked if you are convicted of any moving violation, another drug or alcohol violation, or if you use the conditional license for a reason not allowed as listed above.

Conditional License versus Restricted Use

A conditional license is not available if you were convicted of DWAI/Drugs, but you may still be able to get a Restricted Use License. The Restricted Use license is more limited than the conditional license; you can only use it to travel for work, school or medical treatment.
Under current law, you cannot use a conditional license or a restricted use license to drive a vehicle for hire or operate a commercial vehicle. Changes to the law may allow a restricted use license holder to drive a vehicle for hire beginning September 2017.

Get Help from Seasoned, Aggressive New York DWI Attorneys

If you have been arrested for Driving While Intoxicated (DWI), Aggravated DWI, or Driving While Ability Impaired (DWAI) by alcohol, drugs or a combination, contact Dupée & Monroe in Goshen for advice and assistance with every aspect of your arrest, including fighting to keep your license and defending you in court.

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