Most Rochester residents are aware that a conviction for drinking and driving will result in a suspension or revocation of driving privileges.
Drivers convicted of multiple alcohol-related driving offenses or repeatedly refusing to submit to a blood alcohol test may have their driver’s license permanently revoked by New York State.
This is usually triggered when a defendant has three such convictions within a four year period or four such convictions within an eight year period.
While New York State law refers to a revocation under these circumstances as permanent, it is possible for such a defendant to eventually have his or her driving privileges reinstated.
This is, however, much more difficult than for first time offenders.
A driver in this situation may apply to the Department of Motor Vehicles for waiver of the permanent revocation after five years.
As part of the application, he or she must not have re-offended within the past five years and provide proof of having successfully completed a rehabilitation program – usually meaning alcohol counseling with an acceptable provider.
He or she must also provide either a certificate of relief from disabilities or a certificate of good conduct.
A certificate of relief from disabilities normally will be obtained from the court where the conviction occurred and state that the criminal conviction should not bar the defendant from driving.
A certificate of good conduct is a similar document that may be issued by the department of corrections.
Even if the driver complies with these additional requirements, the Department of Motor Vehicles may still decide to withhold driving privileges.
There is no requirement that the driver’s license ever be reinstated.
A driver who has been arrested with prior DWI convictions faces serious consequences.
If you need the help of an experienced DWI lawyer, please call us at (585) 484-7432.