Any Rochester area driver convicted of an alcohol-related driving offense will be reported to the Department of Motor Vehicles, which will then take action regarding his or her driver’s license.

While the DMV has multiple duties regarding enforcement of driver’s license penalties and relicensing, its primary duties in the period immediately after the conviction are to make sure the proper penalty to the driver’s license was imposed by the court and to impose the appropriate penalty.

Following a conviction, the court will send a certificate of conviction to the DMV.

If the judge also informs the DMV at that time that the court has prohibited the driver from entering a rehabilitation program – which is necessary to obtain a conditional driver’s license – the DMV will either issue the appropriate driver’s license suspension or revocation order (where the court has not already done so) or issue an order confirming the driver’s license penalty already imposed by the court.

Where the court has not prohibited participation in a rehabilitation program, the DMV will review the defendant’s driving record upon receipt of the certificate of conviction.

The purpose of this review is to determine if the driver is eligible for participation in a rehabilitation program.

If the driver is eligible, the DMV will send notification of eligibility to the defendant and instructions for enrollment.

If the review also determines that the eligible driver is not otherwise barred from obtaining a conditional driver’s license, the DMV will provide additional notification of eligibility for a conditional driver’s license and instructions for applying for one.

Anyone arrested for drinking and driving will face serious penalties to their driving privileges.

If you need an experienced lawyer who understands these potential penalties, call us at 585-484-7432.