Conditional License & New York DWI Law

If you are convicted of any New York DWI, DUI or drunk driving offense found in VTL 1192, your license will be suspended. Whether the suspension is associated with a conviction for Driving While Ability Impaired (VTL 1192.1) or the misdemeanors of Driving While Intoxicated (VTL 1192.2 and VTL 1192.3), the suspension will be at least 90 or 180 days.

Fortunately, at the time of your sentence, your New York DWI lawyer can ask that the court "stay" the suspension of your license so that you can apply for a conditional license before the suspension begins. Merely because the court agrees to stay the suspension does not mean that the DMV will give you a conditional license. However, the "stay" will at least give you the opportunity to apply for this license. In fact, if your DWAI or DWI is based in drugs, as opposed to alcohol, the DMV will not issue you such a license. Moreover, the DMV will require that you participate in the DDP ("Drinking Driving Program") and that you have no conviction for any VTL 1192 crime or infraction within the preceding five years.

Even assuming the DMV does grant a conditional license, by no means does this license give you the authority to drive as you did prior to your arrest for a drunk driving offense. It will permit you, for example, to drive to work, school or to get your child from a childcare or similar facility. While there are some other permitted uses, should you drive beyond those, you can face new criminal charges. It is imperative to speak with the DMV directly at the time you obtain your conditional license to ascertain where and when you can drive.

Call the New York City conditional license lawyers and former Manhattan prosecutors at (212) 312-7129 or contact us online today.

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