A driver facing a permanent revocation of his or her driver’s license needs the help of an experienced Rochester DWI lawyer.
While the Department of Motor Vehicles is authorized to withhold driving privileges longer than the minimum revocation period for any drinking and driving conviction, it will almost always allow a driver who has complied with all of the directives of the court at sentencing to have his or her driving privileges fully reinstated.
New York law, however, does require the permanent revocation of driving privileges for drivers who have repeatedly been convicted of drinking and driving or who have repeatedly refused to submit to a blood alcohol content test – such as a breath test – following an arrest for drinking and driving.
When a driver’s license is revoked following a third conviction in four years for any drug or alcohol-related driving offense or for having refused a blood alcohol content test, that revocation is permanent.
At least one of the prior drug or alcohol-related offenses must be for a crime, which means they cannot both be for Driving While Ability Impaired by Alcohol.
Aside from this requirement, the underlying offenses can be for any combination of drug or alcohol-related driving offenses and refusals to submit to the test, so long as none of the driving offenses and refusals arise from the same arrest.
The revocation is also permanent following a fourth conviction in eight years for any drug or alcohol-related driving offense or for having refused a blood alcohol content test, provided that at least two of the prior convictions are for crimes.
We are experienced DWI lawyers who have handled many DWI cases involving repeat offenders. Call us at 585-484-7432 if you need legal help.