Re-Licensing Regulations for Repeat DWI Convictions
Getting Your License Back After Being Suspended for DWI –
Earlier this year, New York’s highest court ruled that the laws applicable to repeat DWI offenders will remain just as strict as before. In New York, drivers convicted of DWI or DWAI (Driving While Ability Impaired) are required to go through a program formerly known as the Drunk Driver Program. Now called the Impaired Driver Program (IDP), the program is designed to help those who have committed offenses get their licenses back after being suspended.
Current Re-Licensing Rules
If you receive a DWI or DUI conviction, you will receive the required suspension under the applicable offense. To get your license back after a DUI, you must complete the IDP, along with any additional conditions imposed by the judge. These can range from informal evaluations to mandatory drug or alcohol treatment. After completing IDP and any other required conditions, you go to the motor vehicle office and complete paperwork to request that your license be restored.
Fees for Re-Licensing
You will have to pay a “suspension termination fee” in order to reinstate your privileges. It is usually just $50, unless you violated a Zero-Tolerance law (drinking under the age of 21), in which case the fee is $100.
Appellate Court Decision
Under the 2012 regulations (15 NYCRR 136.5(b)(1)), there are severe DUI penalties for repeat alcohol or drug offenders, including permanent suspension of driving privileges. According to the Appellate Court’s May 2017 ruling, the rules permitting permanent suspension were warranted and did not violate Constitutional rights of repeat offenders.
Under the regulations, when you go to the motor vehicle office to apply for relicensure, the DMV will look back 25 years at your driving record. If you have three or four alcohol or drug-related driving offenses within the past 25 years, you will receive an additional five-year suspension. If you have five or more alcohol- or drug-related offenses in the last 25 years, you are subject to a permanent suspension of all driving privileges. According to the New York Law Journal, the DMV has denied roughly 13,600 applications for relicensure just since the regulations took effect in 2012.
The Importance of Having a Long Island Drunk Driving Defense Attorney Fight Your DWI Charges
As you can likely imagine, a permanent suspension of driving privileges is a doomsday scenario for most people. The prospect of never being allowed to drive legally again could mean the inability to work, get children to and from school or appointments, and it could lead to impoverishment. This is why it is so important to have a Long Island DWI lawyer fight your charges. Even if you are just facing a first offense for something as minor as Driving While Ability Impaired, this counts as an alcohol-related offense. You never know what can happen over the next 25 years. You truly cannot afford to plead guilty.
Hiring a Long Island DUI Lawyer to Fight for You
Experienced Nassau County DUI attorney Richard S. Jaffe at 888-DUI-Lawyer has decades of trial work and DUI experience that he can put to work for you. Call 24/7 to speak with someone about your case, and never speak with police or prosecutors until you have spoken to an experience drunk driving defense attorney. Call (888) DUI-LAWYER today for a free consultation, 24/7.