Getting Your NYS Driver’s License Back
Outside of fines, probation and potential jail time, perhaps the greatest inconvenience associated with a DWI charge is the loss of your driver’s license. In certain instances, you may be able to receive a conditional or hardship driver’s license. New York law only allows for drivers to obtain a hardship or conditional driver’s license under certain circumstances. To learn more about your options and the defense of your DWI or DWAI charges, contact Greenspan & Greenspan. We can discuss the process of getting your New York state driver’s license back.
When Can I Get A Conditional License?
If you refused a chemical test, your license will be suspended for a minimum of one year, and you will not be eligible for a conditional license. If this is your second refusal within a five-year period, your license will be revoked for 18 months. If you are under 21 years old and refuse a test, your license will be suspended for one year, or until you turn 21, whichever is longer. If you have been through the Drinking Driver Program (DDP) more than once in the previous five years, you cannot receive a conditional license.
In order to be eligible for a post-conviction conditional license under New York law, you must have submitted to a chemical test, it must be your first DWI or DWAI conviction, and you must have participated in and completed DDP. Further, if you are on probation as part of your sentence, you cannot get a conditional driver’s license until your probation officer gives you permission. The New York state DMV website has additional information on this topic.
Although it is usually very difficult to receive a conditional driver’s license in New York, know that if you are eligible, our lawyers will take every step within the law to help you achieve your goals.
Are You Eligible For A Hardship License In New York?
If you have been arrested for a DWI in Westchester County, Rockland County or elsewhere in New York, your driving privileges are in question. Your driver’s license will most likely be suspended at arraignment, but a “hardship privilege” could be available to you, if you qualify.
Witnesses are typically interviewed at hardship privilege proceedings. Our familiarity with judges and prosecutors in the local jurisdictions can help in our attempts to show hardship and the necessity of a conditional license. We want you to be able to continue to pursue your livelihood, education or medical treatment, even if only on a temporary basis.
Factors that a court may consider in weighing the need for a hardship privilege include:
- Number of licensed persons in your household
- Ability of those household members to provide transportation
- Number of co-workers, friends or family members who could help with transportation
- Your occupation and health condition
- Proximity of your employer, school or health care provider
- Your ability to afford public transportation
If public transportation is your only available option, we can provide you with schedules and additional information. We want your life and work routine to continue with minimum inconvenience following your DWI arrest.