License Revoked After a DWI
If you have your license revoked after a DWI, you should contact a New York DUI lawyer immediately. We can work toward having a conditional license issued so you don’t lose your driving privileges completely. Contact our office today to arrange a free confidential consultation.
License Revoked After a DWI | Hardship License
In New York, if you are charged with a DWI or DUI, you will have to appear in front of a judge. When you do appear before a judge, if your blood alcohol content level is 0.08% or more, or if you refuse to take a breath test, the judge will suspend your privileges. If you do refuse to take a breath test, you are not eligible for a hardship license. However, if you do blow a 0.08% or more, you are eligible for a hardship license. A hardship license is not given by the Department of Motor Vehicles. It is only handed out by the judge. Ordinarily the process is to ask the judge to put the case on for a few days later for a hardship hearing. The purpose of the hardship hearing is to determine whether the judge will give you a hardship license based on financial hardship.
In the more rural areas of New York State, it is very difficult to get from one’s home to one’s place of employment without using a motor vehicle. There is not very much mass and/or public transit. Therefore, one might have to hire a driver or pay for a taxi. None of these options is easy on the pocket. Everybody is on their own income and it is fixed to some extent, of course. If you can prove to the court that based on your income it would be a financial hardship for you to essentially hire a driver, then the court would grant you a hardship license.
However, in the City of New York, getting a hardship license is a little more difficult due to the advent of copious mass transit. If you live in Brooklyn and you have to go to Washington Heights, there are buses and subways, which would not create, in most cases, a financial hardship. Remember, a financial hardship does not imply that it is going to take you longer.
License Revoked After a DWI | Conditional License
In the State of New York, if you are charged with a DWI, you are required to appear before a judge for an arraignment. At that time, if your blood alcohol content is 0.08% or more, the judge will suspend your driving privileges or your driver’s license, if you are licensed in the state of New York, while your case is pending. In such a situation, there is something called a conditional license. You are not entitled to a conditional license immediately after the judge suspends you at the arraignment. However, you are entitled 30 days later to go to the Department of Motor Vehicles and acquire a conditional license.
The conditions for this license are that it is for work, school or medical appointments. They will also give you a time slot on a specific date of your choosing when you may run errands and shop. These stipulations will be stated on the conditional license.
After a first-time conviction for DWI / DUI or DWAI, you participate in the Drinking Driver Program (DDP) and receive a conditional license under the following circumstances.
- If Department of Motor Vehicles determines you are eligible for the DDP;
- The sentencing judge does not stop your enrollment in the DDP;
- Payment of the enrollment and program fees.
The law mandates participation in the DDP, even if the driver is not eligible for a conditional license, for convictions of specific alcohol or drug-related violations, or in specific plea-bargaining situations.
New York suspended license lawyer Carl Spector can guide you through the conditional license process. He has over 30 years of experience handling DWI license suspensions and will use his knowledge of the law and the Drinking Driver Program (DDP) to get the best possible result for you.