Suspension of Driver’s License after a DWI Arrest
There are many different ways your Driver’s License may be suspended after you have been arrested for Driving While Intoxicated (DWI) in New York. In some cases the suspension is mandatory, while in others the court has the discretion whether to suspend your license or not.
Suspension Pending Prosecution - Prompt SuspensionIf you are charged with DWI where it is alleged that your Blood Alcohol Content (BAC) was .08% or more at the time of your arrest, then your license will be promptly suspended, probably at your arraignment. The arraignment is also the first opportunity you have to enter a plea in your case. If you plead guilty to the DWI, your license is suspended, but the suspension is stayed for 20 days. This gives you enough time to enter the Drinking Driver Program (DDP) - now known as the Impaired Driver Program (IDP). Once you are in the DDP/IDP, you can apply to get a conditional license . By pleading guilty to the DWI, therefore, you may not experience any actual time where you cannot drive. If you plead not guilty to the DWI, your license will be promptly suspended for 90 days. However, you do have a right to request a hearing on the suspension, which is known as a Pringle hearing. There are often ways to attack the proposed suspension, including technical errors on the part of the police, or lack of reasonable cause to believe your BAC was .08% or more. If you lose the Pringle hearing, you can still apply for a hardship privilege license. Both winning a Pringle hearing and obtaining a hardship license are typically difficult. If neither of these were successful, you can still apply for a conditional license, but you must wait until after 30 days from your arraignment or Pringle hearing. It is easy to see that the system is rigged to try to get you to plead guilty to your DWI. By pleading not guilty, you may have to wait 30 days or more before getting a conditional license, which can be a major inconvenience for many people. However, do not let this one reason convince you to take a guilty plea when you may have a valid defense to the DWI. The attorneys at Dupee & Monroe can fight to keep you from having a DWI on your record and suffering all the negative consequences that follow, and we can also use every available avenue to fight the suspension or get you a license to drive as quickly as possible.
Suspension Pending Prosecution - Prior ConvictionIf you are charged with DWI, Aggravated DWI, DWAI/ Drug, or DWAI/ Combination, and you have a prior conviction for any of the above offenses within the last five years, your license will be suspended for six months.
Suspension Pending Prosecution - Vehicular AssaultIf you are charged with felony Vehicular Assault or Vehicular Homicide in connection with the same incident which gave rise to your DWI arrest, your license will be suspended for six months.
Suspension Pending Prosecution - Refusal to TestIf you are charged with DWI, DWAI, DWAI/ Drug or DWAI/ Combination, and you refused to submit to a chemical test of your blood, breath or urine, your license will be suspended for one year.