Drivers license suspension and license revocation are common penalties for New York drivers convicted of DWI or DWAI. When a driver operates a motor vehicle while intoxicated (with a blood alcohol level of 0.08% or higher) he or she can face a Driving While Intoxicated charge. Driving with a blood alcohol level between 0.05% and 0.07% can lead to the similar (though lesser) charge of Driving While Ability Impaired. DWIs and DWAIs are serious offenses that lead to several different penalties for a convicted driver. A driver convicted of DWI will face a minimum 6-month driver’s license revocation, while someone convicted of DWAI will face at least a 90-day license suspension.
For DWI and related convictions, license suspensions and revocations are for a set amount of time. However, in some cases, drivers can apply for a conditional license to cover the period of suspension or revocation. These licenses are granted on a case-by-case basis at the discretion of the judge, and consider in part the driver’s charges and prior conviction history (if any). A conditional license allows the driver to operate a motor vehicle for specific reasons and in certain circumstances. For example, a driver may be granted a conditional license to drive to and from work or to and from medical treatment centers. However, conditional licenses do not allow drivers to go anywhere at any time; the driver is legally required to operate within the license conditions. Additionally, not every driver is eligible to receive a conditional license.
If the driver is convicted of DWI, and had also been convicted of an alcohol-related driving offense within the previous 5 years, that driver cannot obtain a conditional license. Furthermore, refusing a chemical test (a breath, blood or urine test of the driver’s BAC) may also impact a motorist’s eligibility for a conditional license.
Violating license conditions can lead to further charges and possibly steep penalties. Violation of a Conditional License is a charge applied to motorists who operate a vehicle outside of the terms and limitations of their conditional license. This is a serious charge that can lead to multiple penalties, including:
- Traffic violation on the driving record;
- Fines up to $500 and a mandatory New York State surcharge; and
- Maximum 15 days in jail.
When a driver is convicted of a DWI or DWAI, the impact does not stop with the conviction. Penalties for these charges can extend over several months. In some cases, drivers must take extra steps to avoid violation of penalty conditions. If you are facing a DWI, DWAI, or a Violation of a Conditional License, you need an experienced attorney on your side. At Nave DWI Defense Attorneys, our firm focuses exclusively on DWI and related charges. Nave DWI Defense Attorneys attorneys have been aggressively and successfully defending New York drivers for years. Our focus, training, and experience can benefit you during your DWI case. For more information on how Nave DWI Defense Attorneys can help you and for a free case evaluation, contact us today.
DISCLAIMER: 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 432 N. Franklin Street, Suite 80, Syracuse, NY 13204; Telephone No.: 1-866-792-7800. Prior results do not guarantee a similar outcome. Attorney Advertising.