When someone is charged with a DWI, a question they often have is what the penalties will be if this is not the first driving offense they’ve had that involves drugs or alcohol. New York State has regulations in place that affect drivers who have multiple convictions or incidents related to drunk or drugged driving. If you have multiple DWI or DWAI convictions on your driving record, read on to learn more information about these penalties, officially enacted in 2012, and to learn how an attorney can help you. You can also visit the DMV website for other frequently asked questions about the issue.
Two Convictions
If you have two convictions or incidents relating to drunk or drugged driving in the past 25 years, you must go through your entire sanction period, including having your license suspended or revoked. This is the case even if you complete the Impaired Driver Program. In addition, you are required to submit proof of your rehabilitation in order to reobtain your license.
Three or Four Convictions
If you have three or four prior convictions related to alcohol or drugs while driving, the penalties you incur are based in part on whether or not you also have a serious driving offense on your record. Things classified as a serious driving offense include a fatal accident, being convicted based on a driving related penal law, being convicted of at least two violations assessed for 5 or more points, or any violations assessed for 20 or more points.
A driver with three or four convictions or incidents within a 25 year period who does not have a serious driving offense and whose license revocation is not because of a drug or alcohol related incident will not be allowed to reobtain a license for two years after the required revocation period. After that period of time is over, you will be able to get a license with a problem driver restriction, which you must keep for two years before obtaining a regular license. A problem driver restriction allows you to drive only:
- To and from work, as well as during work if your job requires it
- To and from a doctor’s appointment that is necessary for you or someone in your household
- To and from the DMV for issues relating to the license that has the restriction on it
- To and from your child’s school or daycare if your child’s attendance at that school or daycare is necessary in order for you to keep your job or stay enrolled in a school of your own
- To and from an accredited school where you are enrolled, including: college, university, or a state-approved vocational or technical school
If your license revocation is because of a conviction or incident related to drunk or drugged driving, you will have to wait an additional five years after the required period before being able to reobtain your license. You will then be relicensed with a problem driver restriction, along with five years of an ignition interlock device being installed in your car.
Persistently Dangerous Drivers
In the event that you do have a serious driving offense on your record and three or four convictions or incidents within the past 25 years, you will be labeled a Persistently Dangerous Driver. This means that you can be denied your license permanently unless there are extenuating circumstances. This penalty also applies if you have five or more alcohol or drug related convictions or incidents on your lifetime driving record.
Who to Call
If you have been convicted of a DWI, contact the attorneys at Lipsitz Green Scime Cambria. The firm’s DWI attorneys have a deep familiarity with the newest laws and regulations. They will be able to accurately assess your situation and the penalties you may be facing. For an aggressive DWI defense, call Lipsitz Green today.
This article does not purport to give legal advice and is for informational purposes only.