The laws surrounding licensing following a conviction for Driving While Ability Impaired by Drugs are confusing even for experienced Rochester DWI lawyers.

This is because the potential driver’s license penalties are set forth not just in the list of penalties for impaired or intoxicated driving, but also in the penalties for controlled substance offenses.

In the section of New York State law which sets forth the penalties for impaired or intoxicated driving, a first time offender convicted of Driving While Ability Impaired by Drugs is subject to a mandatory six month driver’s license revocation and would be eligible to attend a drug and alcohol rehabilitation program – which is necessary to obtain a conditional driver’s license.
As a result, it would appear that any first time offender should be eligible to obtain a conditional driver’s license.

In another section of New York State law, however, it states that anyone convicted of a variety of controlled substance offenses – including Driving While Ability Impaired by Drugs – is subject to a mandatory six month suspension of his or her driver’s license.

While a driver’s license suspension is usually less serious than a revocation, the regulations of the Department of Motor Vehicles state that anyone subject to this suspension for Driving While Ability Impaired by Drugs is not eligible for a conditional driver’s license.

It is possible, however, for the court to determine that this “mandatory” suspension is not actually necessary where there are compelling circumstances warranting an exception.

A defendant not eligible for a conditional driver’s license due to this suspension may be eligible for a restricted driver’s license.

A restricted driver’s license is similar to a conditional driver’s license, but is slightly more limited.

It is important to protect your ability to drive following an arrest for impaired or intoxicated driving.

Call us at 585-484-7432 for experienced legal help.