With DWI, consequences come quickly and it’s important to consult a lawyer immediately. Here is a brief review of the impact of a DWI charge and DWAI conviction on a driving license in New York.
At the Start of a Case
New York has a “Prompt Suspension Law” that requires a court to suspend, upon the conclusion of an arraignment, the license of a driver charged with DWI and alleged to have a BAC of .08 or higher.
In other words, a DWI charge will suspend a driving license immediately.
There are defenses to this prompt suspension law and there is a procedure to retain limited driving privileges during the prosecution of the case. That procedure made upon motion to the court and supported by evidence, may result in a hardship license.
A hardship license allows a person to drive:
- to and from medical treatment,
- to and from a place of employment, and,
- to and from school.
After the Resolution of Case
Unless a case is dismissed or there has been an acquittal at trial, a plea bargain arrangement will impose restrictions on a driving license.
For example, a person charged with a DWI may plea to a reduced charge of DWAI. Upon entry of the plea, the driving license will be suspended for 90 days. During this suspension period, that person may be eligible for a conditional license that permits driving:
- to and from your place of employment,
- if your employment requires the operation of a motor vehicle then during the hours of that employment,
- to and from a class or an activity which is an authorized part of a required alcohol and drug rehabilitation program,
- to and from a class or course at an accredited school, college or university or at a state approved institution of vocational or technical training,
- to or from court ordered probation activities,
- to and from a motor vehicle office for the transaction of business relating to such license or program
- for a three hour consecutive daytime period, chosen by the administrators of the program, on a day during which the participant is not engaged in usual employment or vocation,
- to and from a medical examination or treatment for you or a member of your household,
- to and from a place, including a school, at which your child or children are cared for on a regular basis while you are at work or school.
An Example; Not an Actual Case
For a person, who made a mistake, and is facing their first DWI charge as a criminal defendant the suspensions and exceptions described above may be applied as follows:
At the first appearance in court, the defendant is typically arraigned and will have to surrender their driving license. As their attorneys, we would make an application for hardship license which if granted would allow the defendant to drive during the pendency of the case.
Upon concluding pre-trial plea bargain negotiations with the prosecutor, a client charged with misdemeanor (criminal) DWI may have the opportunity to plea to reduced charge of DWAI, which is a violation (non-criminal). At an appearance in Court to enter a plea of guilty to that reduced charge, the court may postpone the required 90-day suspension for a DWAI for 20 days to allow the person to secure the conditional license from the DMV.
DWI is a serious crime with potentially devastating effects on many people and is taken very seriously by the law. Every case is different and there are numerous variables which must be considered that will cause a DWI case to turn out differently.
As counselors at law, we work hard to ensure that our clients understand the process. And as attorneys at law, we work hard to give them all the advantages of zealous representation by knowledgeable legal professionals.