DWI License Suspension

DWI License Suspension Lawyer in Nassau County, New York

As a prosecutor, Richard was a member of a specialized unit which focused exclusively on Nassau County Driving While Intoxicated and Driving While Under the Influence of Drugs cases. As part of this appointment, Richard attended police trainings on DWI detection, DWI policing policies, police testimony, Standardized Field Sobriety Tests (SFSTS), and breathalyzer technology. With this background, Richard is uniquely qualified as a Nassau County DWI Lawyer to represent you or your loved one who is accused of a crime. Our firm knows how to help you protect your license, protect your record, and protect your freedom.

What is a DWI License Suspension in New York?

Driving While Intoxicated (DWI) can be extremely dangerous and causes thousands of accidents and deaths every year in the United States. For this reason, the laws in New York against DWI are tough, and if you are convicted of DWI in NY you can face heavy fines, jail time and the loss or suspension of your driver’s license.

Being convicted of a DWI in NY and having your license revoked or suspended can make it difficult to get to work and complete everyday chores and responsibilities. This can lead to financial hardships for you and your family. If you or a loved one is being charged with a DWI in New York, having an experienced Nassau County DWI attorney on your team to help you fight the charges can be a huge help.

At the Law Office of Richard Hochhauser, we understand that people make mistakes and sometimes deserve a second chance. Don’t let a DWI charge in NY completely derail your life. Call us today and we can help you fight your charge and reclaim your driving privileges

DWI license suspension vs revocation in New York

Because driving is not a guaranteed constitutional right, if you break the law in New York for drinking and driving, the state has the right to revoke or suspend your driver’s license. There are several reasons the NY Department of Motor Vehicles can revoke or suspend a person’s license, including Driving While Intoxicated or Driving While Abilities Impaired (DWAI) convictions.

If you’re being charged with a DWI or DWAI offense, understanding the difference between a revocation and suspension can be helpful:

• Suspension: A suspension means that your license will be suspended for a set period of time and then re-instated to you. Depending on the court’s decision, sometimes the reinstatement of your license may depend on you completing a rehabilitation program or abiding by certain set conditions while your license is suspended.
• Revocation: If your license is revoked because of a DWI offense, this means the state of NY has terminated your driver’s license. For misdemeanor DWI convictions, licenses can be revoked for up to 6 months. For a felony DWI, it can be up to one year. After the period has ended, you will have to reapply for a new license with the NY Division of Motor Vehicles.

Usually, when you are being charged with a DWI offense, the court suspends your license at your first appearance. However, an experienced DWI defense attorney can help you appeal for a temporary driver’s license that you can use to commute to work and court.

Can I get a conditional license after a DWI?

When convicted of a DWI in NY state, your driver’s license will be suspended or in some cases revoked at your first court hearing. However, there are circumstances where you may be eligible for a conditional license. If you are granted a conditional license, it may be used to:

• Drive to and from work.
• Use during work, if necessary for your job.
• Get to and from classes at an accredited university, or vocational or technical training.
• Get to or from court or court-ordered probation activities.
• Get to and from a class that is part of your alcohol and drug rehabilitation program.
• Get to and from a medical examination or appointments with healthcare providers.
• Pick up and drop off your children at school or daycare.

In addition, you may be granted a 3-hour daytime period to use your vehicle during a day when you are not working.

If you are from out of state but were charged with a DWI in New York, it is more difficult to get a conditional license. Because the DMV has no jurisdiction over licensing in different states, they cannot grant you an out-of-state license. However, recently a statute was changed that allows NY to grant drivers the conditional privilege of “operating a motor vehicle in this state.” To determine if you’re eligible for a conditional license, speak with a knowledgeable DWI attorney in Nassau County, NY today.

When are you not eligible for a conditional license?

Not everyone who is charged with a DWI or DWAI in New York is eligible for a conditional license. Here are some situations where you will not be eligible for a conditional license after a DWI or DWAI charge:

• You do not have a valid NY state driver’s license.
• You are being charged with assault, homicide or criminal negligence.
• Within the past three years, you have had more than two suspensions or revocations of your license from other convictions.
• This is your second charge within the past three years.
• The court determines you are an unusual risk on the road.
• You have been convicted of a previous DWI or DWAI for drugs.
• Within the past 10 years, you’ve had 3 or more convictions related to alcohol or drugs.

Not everyone is eligible for a conditional license. In addition, if you are granted a conditional license, there are circumstances where it can be revoked. Your conditional license may be revoked if you do the following:

• Fail to attend programs required by the court.
• Fail to attend and accept rehabilitation services.
• Are convicted of another drug or alcohol related offense.
• Are convicted of speeding, reckless driving, or any other traffic violation.
• Violate the terms of your conditional licenses.

Like your driver’s license, being granted a conditional license is a privilege that should be respected and taken seriously. When you fail to abide by whatever conditions the court decides for your conditional license, the court will have no problem taking it away. For more information about your eligibility for a conditional license in NY after being charged with a DWI, contact a knowledgeable DWI attorney in Nassau County for a free case evaluation.

Contact an experienced DUI attorney in Nassau County

If you or a loved one is being charged with a DWI in New York and are at risk of losing your driver’s license and in some cases, your freedom, you can’t afford to not fight your charges. At the Law Office of Richard Hochhauser, we understand how to navigate the complexity of NY courts and how to investigate your case and build a strategic defense on your behalf. For a free consultation with one of our experienced DUI attorneys, call us today at (516) 939-1529 or contact us online.