One of the biggest changes Rochester lawyers have seen to DWI laws in recent years is the requirement that drivers convicted of Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, or Aggravated Driving While Intoxicated install an ignition interlock device on any vehicle they drive.
As part of this law, New York State also created a situation where some drivers convicted of drunk driving may not be eligible for a full driver license even though the normal period of license revocation has expired.
When this occurs, the driver will need a post-revocation conditional license.
For first time offenders convicted of Driving While Intoxicated or Driving with a Blood Alcohol Content of .08% or Greater, the period of driver’s license revocation is six months.
The period of time he or she may be required to have an ignition interlock device installed, however, may extend throughout the full length of any sentence of conditional discharge or probation (up to three years) at the discretion of the court.
As part of the law surrounding ignition interlock devices, New York decided that drivers who must still have an ignition interlock device installed after six months should not have their full driving privileges reinstated.
Instead, they must obtain a post-revocation conditional license from the Department of Motor Vehicles.
The limitations on a post-revocation conditional license are essentially the same as those for a standard conditional license, with the driver limited to driving for work, school (including transporting children for school), medical treatment, court or probation ordered activities, and three hours of discretionary driving each week.
The laws surrounding driver’s licenses in DWI cases are complex.
If you have been arrested and need help understanding what may happen with a driver’s license when charged with DWI, please call us at 585-484-7432 to arrange a consultation.