CAN I GET MY DRIVER'S LICENSE BACK?

 

HERE IS WHY YOU SHOULD FIGHT ANY  DRUG OR DRINKING RELATED CONVICTION, EVEN IF IT'S YOUR FIRST ONE:  YOU MANY NEVER GET YOUR LICENSE BACK.

Under the existing NYS Department of Motor Vehicles Regulations of the Commissioner (June 5, 2013), getting your driver's license reinstated may be very difficult or impossible.

Summary of prohibitions and requirements for discretionary reinstatement by DMV.

Following is a quick reference and the regulations themselves.  Apply the following keys to understand the quick reference: 

  • The first number represents your number of convictions or refusals for drunk or impaired driving related offenses ["DIRO"].  The second number, after the "/," is the look-back period involved for the number of offenses. To the right of these, following the "=" is the effect on relicensing. 
  • SDO = Serious Driving Offense [detailed description below]
  • IID = Ignition Interlocking Device

5/Lifetime = No relicensing ever, absent "unusual, extenuating, and compelling circumstances."

3/25 years + no SDO + current revocation is for a reason OTHER THAN  DIRO = 2 year denial after current revocation period is satisfied.

3/25 years with SDO = No relicensing ever, absent "unusual, extenuating, and compelling circumstances."

2/25 years = no driving privileges while revoked even if completed the Impaired Driver Program, and must then supply after period is over proof of rehabilitation.

2 convictions + one involving a physical injury = No relicensing 

Notes: A "serious driving offense" includes: fatal accident; penal law driving conviction; 2 or more violations which carry 5 or more points each; or 20 points on your license in aggregate over your lifetime. No early suspension lifting is possible, even with a DMV educational program. A refusal to take a chemical test counts as a conviction for these purposes. Drug impaired driving convictions are included as DWI for these purposes.

Detailed explanation of the foregoing is available from DMV.

WHAT DOES THIS MEAN IF YOU ARE FACING A DWI RELATED OFFENSE? If you are at risk of being CONVICTED for even two drinking related offenses, it will have permanent and substantial effects on your ability to drive in New York State. What is your ability to drive worth to you? Now, more than ever, the importance of avoiding any conviction for drinking related offenses such as DWI, DWAI, DWAI/Drugs, and Chemical Test refusals, and even high point moving violation convictions is crucial. Contact us if you are at such risk. More and more defendants will opt for trial to avoid losing their license for years or forever, even if offerred a DWAI violation! Choose us to represent you and to do your trial work if a conviction may not otherwise be avoided.  What drivers often consider "unusual, extenuating, and compelling circumstances" are often and routinely rejected by the DMV, so don't bank on on factors which worked with other bureaucracies.

HOW DO I GET MY LICENSE BACK!?  You will most likely need an attorney who knows the ropes.  Before consulting the attorney, get a current copy of your lifetime driving history.  Identify any of the convictions (even for non-drinking related traffic tickets) for which you were not repreented by an attorney on the record for that offense.  Write down every conceivable reason why you need or should have a license, and any unique hardships imposed upon you or your dependents by being unable to drive.  Then call Marco Caviglia, Esq. for a consultation armed with all this information from which a game plan can be made to restore you license if at all possible.

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