Saturday, February 9, 2013

DWI Conviction and the Conditional License

The DMV can issue a conditional license to a driver who qualifies and who has a NYS license that is suspended or revoked because of an alcohol or drug-related violation. The driver must attend a Drinking Driver Program (DDP) approved by the DMV. If you qualify, the DMV sends instructions about how to enroll in the DDP with your suspension or revocation notice. The DMV decides if you qualify under the law and notifies you. You cannot qualify for a conditional license if:
  • the judge who convicted you does not allow you to attend a DDP or receive a conditional license, or
  • you do not have a valid NYS license or a NYS license that can be renewed, or
  • you attended a Drinking Driver Program during the last five years, or
  • you had another alcohol or drug-related violation during the last five years.
If you have a driver license issued in another state, and you meet the other requirements, you can receive a conditional driving privilege or a restricted driving privilege to drive in NYS. The conditions or the restrictions are the same as the conditions or restrictions for a driver with a NYS driver license.
If you receive a conditional license, it is valid to drive only:
  • to and from work, and during work if driving is part of your job.
  • to and from a class at an accredited school or college.
  • to transport your child to and from a child care facility or school when necessary to maintain your employment.
  • to and from DDP classes and any required evaluation or treatment.
  • to and from a state or county motor vehicle office for business related to your conditional license
  • to and from court-ordered probation activities.
  • to and from medical examinations or treatment for you or a member of your family, as certified in writing by a physician.
  • during the three-hour weekly period listed on your conditional license attachment.
The cost for a conditional license is $75. If you were issued a pre-conviction conditional license, there is no additional fee.
 J. John Sebastian, Attorney

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