The defendant will find out when he or she appears at the DMV to register for the DDP to see if he or she is eligible for a conditional license. DDP/conditional license eligibility is only for people who have not been convicted of an alcohol or drug related driving offense (Vehicle & Traffic Law 1192) within five years.
Keep in mind that depending upon the number of convictions that the Defendant has, the DMV may deny him or her a new driver's license even after the statutory revocation period has ended.
I have attached a link to the New York State DMV publication on the Drinking Driver Program for your reference.
Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.
My advice is to retain a locally experienced DUI attorney. While I understand that the license might appear to be the most critical issue, there are many other aspect of the case and the potential punishment that need to be analyzed by a professional. The good news is that there are many good DUI attorneys on avvo in NY, and most will offer a free consultation. Good luck.
Did his attorney ask for a 20 day stay of his license? That is my procedure in Suffolk County. That would give the client 20 days to go to DMV and apply for a conditional privilege while keeping their full license in the interim.
Under the changes effectuated in September 2012, someone with two or more alcohol/drugged-driving related convictions or incidents within the preceding 25 years will be required to serve his entire sanction period (suspension or revocation) even if he completes the Drinking Driver Program (DDP).
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You are not eligible for any license unless five (5) years have gone by since you completed DDP and/or had your full driving privileges restored. You are not eligible to participate in the DDP either. DMV will send the defendant a letter of eligibility or ineligibly.
You are not eligible for a conditional license. It is not clear that you mean by the prior being 4 years and 11 months but the conviction well over 5 years. I suspect what you mean is the arrest was well over five years and the sentence was four years and eleven months. Either way the conditional license period runs from the date of completion of the DDP program to arrest of the new offense. If that period of time is less than five years then you are ineligible. You may also be ineligible based upon the new administrative suspension regulation regarding repeat offenders.