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First DWI I had a hardship lic, am I eligible for a conditional with a second dwi?

Plattsburgh, NY |

I had a DWAI conviction in 2008 and just (2013) received a failure to submit to a chemical test. I will be accepting a DWI charge. My understanding is if I have had a conditional lic in the past 5 years I can not get one following this charge. However, I have pulled my MVR and it only shows a hardship lic was issued and then my lic was fully restored after guilty plea to the first ticket. in 2008. Would my MVR show if a conditional lic was issued and because it does not am I eligible for one now?

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Attorney answers 4


If you refused a chemical test in 2013 and the administrative law judge makes that ruling at the refusal hearing, you will not be eligible for a conditional license and your regular license will be revoked for 18months as a repeat offender. You will also have to pay a 750 fine.

These sanctions are separate and apart from the possible fines and sentence that you can expect if you are found guilty of DWI now. Please discuss this very carefully with your attorney. If you do not have an attorney, please get one now. Use the Avvo find a lawyer function to do so.

Good Luck

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.


You can not receive a second Conditional License unless five (5) years have gone by since the restoration of your full driving privileges from the last alcohol related incident.

If eligible for a Conditional License, it will "over-ride" the revocation for a refusal, but not for approximately 20 days after your sentencing on the DWI. Thus you will have no driving privilege for that period. Assuming you ARE eligible for the Conditional, it will be granted by DMV thereafter and will require a number of things, including your participation in the DDP.

You should have an attorney you can discuss these matters with directly. This forum is only a starting point so you can know what questions to ask of the attorney you retain.

Good luck.

Christopher I. Simser, Sr.
Anelli Xavier
269 West Jefferson Street, 2nd Floor
Syracuse, NY 13202


You are out of luck if you were convicted within the five year period of a prior drinking realted offense...period.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


I would not advise "accepting a DWI charge" without consulting first with an attorney. In NY, a second DWI charge has life altering consequences. A second DWI is considered a class e felony. A class E felony comes with a minimum jail sentence of 5 days, community service and a fine between 1000-5000 dollars. Consulting with an attorney can help minimize the short term and long term effects this charge has on your life.

Hope that was helpful.

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