Many Rochester drivers convicted of DWI will be required to participate in some form of alcohol treatment.

This requirement may result from a mandate of the Court as part of the DWI defendant’s sentence or as a result of referral through the Drinking Driver Program.

For most first time offenders, failure to comply with the requirements of the Drinking Driver Program – including alcohol counseling –will result in the loss of a conditional driver’s license.

It does not, however, by itself provide a basis for the DMV to refuse to reinstate full driving privileges once the mandatory driver’s license revocation is over.

A first time offender is not even required to participate in the Drinking Driver Program – absent a Court order – if he or she does not wish to have a conditional driver’s license during the driver’s license revocation period.

This is not necessarily true, however, for repeat offenders.

According to the DMV regulations, the return of a full driver’s license after completion of the mandatory driver’s license revocation period may be denied if the driver has a history of abuse of alcohol or drugs and there is insufficient evidence of rehabilitative effort.

The DMV considers a driver to have a history of abuse of alcohol or drugs if he or she has two or more incidents – within a 25-year period – either of operating a motor vehicle while under the influence of alcoholic beverages and/or drugs or of refusing to submit to a chemical test.

It defines the term “rehabilitative effort” as meaning referral of the driver to an agency certified by the Office of Alcoholism and Substance Abuse – or to someone authorized by professional license or professional certification to evaluate alcohol and/or drug use – along with satisfactory participation in any treatment recommended by such agency.

Under this regulation, the DMV may refuse to return full driving privileges to repeat DWI offenders who cannot produce proof of compliance with alcohol counseling.

We are experienced DWI lawyers who can help you understand the impact of an arrest on your driving privileges. Call us at 585-484-7432 for legal help.