Are There Rochester DMV Rules For Re-issuing Driver’s Licenses To Repeat DWI Offenders?

Rochester drivers convicted of Driving While Intoxicated are subject to not only the criminal penalties set forth in New York State law, but also to the regulations of the Department of Motor Vehicles (DMV) regarding any driver’s license penalties imposed.

The DMV has always had the authority to deny the return of a driver’s license to anyone who has a series of alcohol-related convictions or incidents – even after the period of driver’s license revocation required by law has expired.

In 2012, however, the DMV issued new internal regulations providing further clarification regarding when drivers may expect to be denied the return of their driving privileges and the length of time they may expect this additional penalty to last.

These new regulations require that upon reviewing a driver’s application for relicensing, the Commissioner must review the applicant’s entire driving record for the purpose of determining whether the driver is eligible for a driver’s license under the DMV regulations.

These regulations provide for much more serious driver’s license penalties for repeat offenders than the mandatory penalties set forth in New York State law.

As a result, drivers with multiple alcohol-related or drug-related driving convictions may find themselves subject to much lengthier revocations than the mandatory New York State penalties.

The DMV regulations, which set forth some of the most severe driver’s license penalties in the country, provide for a much longer period of time during which a driver’s prior convictions may be considered – up to a lifetime in some cases.

They also allow for consideration of other serious driving incidents – such as involvement in accidents or reckless driving convictions – when determining how long a driver may have to wait to be relicensed.

New York State has very serious driver’s license penalties for repeat DWI offenders.

If you have been arrested for drinking and driving, call us at 585-484-7432 for a legal consultation.

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