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Conditional License & New York DWI Law

If an individual is convicted of driving while intoxicated (DWI), it will result in a suspended driver’s license. However, there are certain circumstances that allows an individual the ability to obtain a conditional license, which will provide limited driving privileges.

What are the Driving Limitations of Those With a Conditional License?
In New York, those with a conditional license will be able to drive under the following conditions:

1. An individual with a conditional license may drive to and from his or her place of employment.

2. Those with a conditional license may drive if employers require that he or she operates a motor vehicle during working hours.

3. A conditional license allows individuals the opportunity to drive to and from a class or activity, which is part of an authorized drug or alcohol program.

4. Those with a conditional license are able to drive to and from a class that is at an accredited educational institution or a state approved vocational training course.

5. A conditional license allows individuals to drive to court ordered probation activities.

6. A conditional license allows individuals the ability to drive to and from a motor vehicle office.

7. A person with a conditional license may drive for three consecutive hours during the day when he or she is not at work or school, but these hours must be chosen by program administrators.

8. Those with a conditional license are allowed to drive to and from a medical exam or medical treatment programs.

9. Those with children are allowed to drive to their children to school or the place they are being cared for when it is necessary for work or school.

Individuals with a conditional license are not allowed to drive to and from a high school because they are not recognized as accredited educational institutions.

Can Out-of-State Residents Still Obtain a Conditional License?
Those who are out-of-state residents, but charged with a DWI in New York, will face more complications obtaining a conditional license than New York residents. Because New York does not have jurisdiction over license laws in other states, the Department of Motor Vehicles (DMV) is not able to grant a conditional license to out-of-state residents.

Furthermore, the DMV is not able to issue a conditional license to an individual who does not possess a New York license. However, an out-of-state resident may be able to ask for an adjournment to obtain a New York license. If an out-of-state resident is able to obtain a New York license, it would be suspended, but the individual would be able to apply for a conditional license in New York.

The conditional licensing statue has recently been amended to enable New York to issue a conditional privilege of operating a motor vehicle in the state. A conditional privilege license provides the same benefits as a conditional license and allows out-of-state residents the ability to drive under the same terms without a New York license.

What is the Impaired Driver Program?
New York’s Vehicle and Traffic Law mandates a 90-day license suspension for those convicted of their first DWI. A second conviction, which occurs within five years of the first conviction, will lead to a six-month license revocation.

Those who participate in New York’s Impaired Driver Program (IDP) will be eligible to receive a conditional license. When an indiviudal is issued an order of suspension or revocation from the DMV, the order will provide an individual with the location of a county motor vehicle office where an individual is able to enroll in the program and apply for a conditional license.

If an Individual is Eligible for the Impaired Driver Program, Will They be Issued a Conditional License?
It is important to note that not all those enrolled in an IDP will be eligible for a conditional license. Any of the following conditions will prevent an individual from being granted a conditional license:

1. They have been convicted of assault, homicide, or criminal negligence that was caused by operating a motor vehicle;

2. Individuals who are eligible for a rehabilitation program that is based on a conviction that involved a fatal accident;

3. Those who do not hold a valid license issued by New York;

4. Individuals who have prior convictions of another offense that was the result from the same occurrence that caused the DWI;

5. Those who have two or more suspensions or revocations that are not related to the current conviction within three years from the date of the conviction;

6. Those who have been convicted of at least one reckless driving offense within the past three years;

7. Individuals with a mental or medical condition, which is determined by an agent of the Commissioner, that would make the individual an immediate driving risk;

8. Those who have been charged with a DWI that involved drugs;

9. Those who are reentering a program for a second or subsequent time;

10. Individuals with three or more convictions, which were related to alcohol, within the past 10 years.

A conditional license is a privilege, and those with this type of license should be sure to adhere to all the conditions that are required to maintain a conditional license. Those with questions about eligibility requirements for a conditional license in New York can contact an experienced DWI attorney for further guidance.

by Leonard on Spodek Law Group
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