When can I get my drivers license back due to a DWI after having it revoked for a minimum of 6 months?

Asked almost 5 years ago - Monticello, NY

My license was suspended due to a DWI on June 2, 2009. I was convicted Sept.15, 2009 of a DWI Misdemeanor first time offender. My license was revoked for a minimum of 6 months on Oct. 5, 2009. Will I be able to get it back on Dec. 2, 2009 or will it be April 5, 2010 (6 months from my conviction date)? I am on 3 yrs probation, but the court gave me permission to get a conditional license without my probation officers permission? Would I be able to apply to the DMV for my license in December? What should my next step be? Thanks for any advice given.

Attorney answers (2)

  1. Michael Evan Greenspan

    Contributor Level 16

    Answered . You need to let us know if you completed the Drinking Driver Program (DDP) after your conviction as completion of the DDP will make a tremendous difference in when you can apply for a new license.

    If you did not complete the DDP and do not plan on doing so, then the procedure is as follows assuming that:

    1. You are a non-commercial driver
    2. You are correct that the Court gave you permission to apply for a new license without obtaining consent of your probation officer
    3. You are a first time offender and
    4. Your sentence was imposed on October 5:

    You must apply directly to the DIAU (Driver Improvement Adjudication Unit) for a new license, and pay a non-refundable re-application fee of $50 and any other license fees. Your application cannot be approved before the minimum revocation period is served, but the DMV will accept it for review up to 45 days before the revocation ends (45 days before April 5). You must present written permission (also called, "probation clearance") from the sentencing court or your probation officer.

    You must submit a completed "Application for Driver License" (MV-44), available from the DMV Internet Office, a DMV Call Center, or any motor vehicle office. Payment must be by check or money order only, payable to the "Commissioner of Motor Vehicles." Mail your application and payment to:

    Driver Improvement Adjudication Unit
    Department of Motor Vehicles
    6 Empire State Plaza
    Albany, NY 12228
    Phone: 1-518-474-0774

    The DMV will review your driving record and notify you by mail whether your application is approved or denied. If approved, you must bring it to a state or county motor vehicle office for processing. You may be required to pass qualifying tests. After your license is issued, you must serve a six-month probationary period.

    If you COMPLETED THE DDP then you don't have to wait until 45 days before the revocation period expires. Instead, bring your DDP "Notice of Completion" (MV-2026) and conditional license to the state or county motor vehicle office that issued the license; meet all DMV requirements and criteria for re-licensing; and, pay any required license fees such as for license renewal, or for any required skills tests for Commercial Driver Licenses.

    Good Luck.

    Mike Greenspan

  2. Victoria Marie Mussallem

    Contributor Level 11

    1

    Lawyer agrees

    1

    Answered . First step - contact the DUI attorney who represented you on the case if you had one. If you didn't, make a trip to your local DMV office and ask them. I am a DUI lawyer in Jacksonville, Florida, and driver's licenses here are controlled by the driving administrative agency. They should be able to tell you exactly what you need to do to get your license reinstated.

    This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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