Repeat DWI Offender Law Spawns Legal Action in Albany

The Defendant: New York’s DMV

According to a news report on News Center Fox 23, numerous lawsuits were recently filed in New York’s highest court against the state’s Department of Motor Vehicles (DMV). The suits were filed in Albany in response to a new driving while intoxicated (DWI) law that took effect in May 2013. The supposed goal of the law is to keep dangerous repeat DWI offenders off the road. However, according to the story, some question the law’s constitutionality. After a fourth DWI offense, the law allows for an individual’s complete driving history to be reviewed – including DWIs that may have occurred many, many years ago or matters that were resolved.

Under the New York law, if someone receives five (5) DWIs – that person may be considered “persistently dangerous” and faces the possibility of permanent driver’s license revocation. Since May of this year, the DMV reviewed over 3,500 applications to reinstate driver’s licenses. Almost half of those were permanently denied.

The reason for the permanent denials were either because the applicant had three (3) or more additional alcohol or drug-related driving convictions.

The DWI Guy Puts Things in Perspective

A recent article posted by the DUI/DWI Foundation highlights some of the impacts that the new law has on multiple DWI offenders. Nave DWI Defense Attorneys’s own, Tom Anelli, also known as the DWI Guy, details some of the changes in the law, including the following:

Conditional Driver’s License
The right to a conditional driver’s license no longer exists for those convicted of a third DWI within the last 25 years. Previously, a conditional license allowed for individuals to drive to and from work as well as for medical appointments and treatment. So now, some may be ‘forced’ to break the law – by driving without a license – just to make ends meet for their family. Still others may lose their job and income and then become reliant on the state for support.

Retroactive Punishment
The primary objective behind the existence of DWI regulations and punishments is to prevent drinking and driving incidents from arising in the future. As the law stands now though, DWI charges and convictions that occurred before the new law was enacted are basically fair game to consider and base punishment upon. However, this application of retroactive punishment conflicts with the basis of our legal structure – due process.

If you have questions about the new law surrounding repeat DWI offenders or if you need assistance with regard to a recent DWI in New York – the legal team at Nave DWI Defense Attorneys can answer your questions and assist you with your DWI legal defense. At Nave DWI Defense Attorneys we focus on DWI legal defense, we are experienced, driven and results oriented. Call us today.

The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave DWI Defense Attorneys are located at 269 W. Jefferson St.; Syracuse, New York 13202; Telephone No.: (315) 473-0899. Prior results do not guarantee a similar outcome. Attorney Advertising.

2015-04-16T13:09:57+00:00