My license is revoked & suspended by DMV for DWI & refusing test.Does not having my license 4 refusal also count as time 4 DWI

Asked about 2 years ago - Monroe, NY

My license was revoked for 1 and a half years for refusal.My license is also suspended because I didnt pay the 250 per year for 3 years yet.Does the time I have been without license 4 refusing test also count towards the DWI or will that start when I plead guilty

Attorney answers (5)

  1. Zev Goldstein

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    Contributor Level 14

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    Answered . If this is a new suspension, then the time you spent suspended from the past suspension should not count for this new suspension. Although I am not %100 sure that was your question.

    The suspension one gets for not paying the DRAT tax is not a timed suspension, it is a indefinite suspension that will be removed only when you pay the civil fees.

    The attorney who is handling your DWI should be able to research your options for you.

    This is not legal advice. If order to give you legal advice i would need to see the Tickets and talk to the court... more
  2. Carlos Gonzalez

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    Contributor Level 17

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    Answered . As to my understanding it all counts at the same time.. however you should confirm that with DMV as that is wholly within their realm of control and y office usually does not hanlde that aspect of DUI cases...

  3. Benjamin J Lieberman

    Contributor Level 20

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    Answered . The two "clocks" run separately.

  4. Joseph A Lo Piccolo

    Contributor Level 20

    Answered . No...it starts new!

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  5. Glen P. Malia

    Contributor Level 11

    Answered . The DWI revocation and the refusal revocation will run concurrently (during the same time), but the DWI revocation does not start until your are sentenced. The DWI revocation will last the full 6 month or 1 year (depending on the level of DWI) even if that period goes beyond the end of the revocation for the refusal (you do not get credit for the time you've already been revoked for the refusal). However, if you receive probation for the DWI the revocation cannot be terminated until you are done with probation or your probation consents.
    The suspension for the failure to pay your DRA will continue to run until you pay the DRA.
    You really must speak with the attorney representing you, who knows all of the facts of your case, about this issue to make sure.

Related Topics

DUI

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

Refusing a DUI test

You are within your rights to refuse to take a sobriety test, but be aware that you may face severe consequences for doing so.

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