DMV Penalties Faced by Repeat Offenders Convicted of DWI
An initial offense of driving while intoxicated in New York carries tough penalties, both in the form of fines and in limits imposed on that individual’s ability to drive. Once a New York license holder has been the subject of two or more convictions for alcohol- or drugged-driving related convictions, the restrictions on that person’s ability to drive become even more stringent and can result in the permanent loss of that driver’s license. These harsh consequences, coupled with the challenges faced by anyone with a criminal record, make it all the more important to seek out and hire a New York criminal defense attorney who will help you fight these claims and protect your rights after you’re charged with a crime.
Extended RevocationExtended license revocation periods begin with the second conviction for driving while intoxicated or under the influence of drugs. Once a driver has received two or more alcohol- or drugged-driving related convictions within 25 years, they will no longer be eligible to be fully relicensed before the end of the minimum suspension period prescribed under the law (between 90 days and 1 year) by completing the Impaired Driver Program.
Once a driver has three or four alcohol- or drugged-driving related convictions, the license revocation period gets even longer. Such a driver who is applying to renew their license which was revoked for a reason other than a DWI, DWAI, or DWAI-Drug will face an additional two years without a license, along with the license revocation period prescribed for the crime for which they were convicted. Additionally, they will be relicensed with a "problem driver restriction" for two years when eligible for relicensing. If that applicant's license was revoked for an alcohol- or drugged-driving related cause, they will be ineligible for relicensing for an additional five years after the revocation for the convicted offense. That driver will also receive a "problem driver restriction" on their license for five years, along with an ignition interlock device.
A "problem driver restriction" limits the places where a driver is permitted to travel while operating a vehicle. The restricted driver can drive only to work, for work, to the doctor, to the DMV on business regarding their restricted license, to a child's daycare facility, or to school.
"Persistently Dangerous Driver" StatusDrivers who have been convicted five or more times of an alcohol- or drugged-driving related offense within 25 years will not be eligible to have their driving privileges reinstated again in their lifetime, unless they can show compelling or extenuating circumstances. Drivers who have been convicted three or four times with an alcohol- or drugged-driving related crime within 25 years, and who have also been convicted of a serious driving offense, will also be ineligible to have their New York driving privileges reinstated. "Serious driving offenses" include fatal accidents, a conviction of a driving-related crime, two or more high-point driving violation convictions, or 20+ license points from other violations.