When a Rochester driver has his or her driver’s license revoked following a conviction for drinking and driving, whether that driver will have full driving privileges reinstated following the mandatory minimum revocation period is largely in the hands of the Department of Motor Vehicles.

The DMV has guidelines for drivers with multiple prior alcohol or drug-related driving offenses that may result in such drivers waiting for years before being eligible for a full driver’s license.

It is possible to appeal a DMV decision to deny reinstatement of full driving privileges, although that right is somewhat limited.

An appeal may be brought by submitting an Administrative Appeal Form to the DMV.
If the person appealing the decision does not also submit a request for a restricted driver’s license, the appeal may only be made on legal arguments (e.g., that the DMV misinterpreted the law), not facts.

If a restricted driver’s license is requested in conjunction with the appeal based on compelling or extenuating circumstances, the same facts that support the need for a restricted driver’s license would be before the Appeals Board.

There is no appearance by the defendant or hearing conducted before the Appeals Board.

Instead, the board relies solely on the paperwork provided to it when rendering a decision.

If the appeal to the Appeals Board of the DMV is unsuccessful, the defendant may consider bringing a court proceeding under Article 78 of the Civil Practice Law and Rules.

Such a proceeding, however, usually be limited to whether the DMV clearly violated the law or abused its discretion when making its decision and not address the merits of the decision itself.

The laws surrounding driver’s licenses following a DWI conviction are very complicated.

If you need the help of an experienced attorney, call us at 585-484-7432.