What Does The Buffalo DMV Consider When Deciding Whether To Return A Driver’s License Following A DWI Conviction?

All experienced Buffalo DWI lawyers are familiar with the idea that the prior alcohol or drug related driving convictions may have an impact on the duration of the revocation period of a defendant’s driver’s license.

Whether full driving privileges are actually restored following the required revocation period, however, is at the discretion of the Department of Motor Vehicles.

When deciding when to restore the driving privileges of repeat offenders, there are several factors that DMV considers.

The DMV will consider what it terms any “alcohol or drug related driving conviction or incident.”

This includes all convictions for alcohol or drug related driving offenses both in and outside of New York State, findings of having refused to submit to a chemical test – such as a breath test – and convictions for offenses which include driving under the influence of alcohol or drugs as an element of the crime.

The DMV also considers prior “serious driving offenses.”

Serious driving offenses include prior involvement in a fatal accident, driving related Penal Law convictions (for example, Vehicular Assault), having two or more driving violations which carry five or more points (such as reckless driving or driving more than 21 mph over the speed limit), and having 20 or more total points on the driver’s license for any combination of driving violations.

If a driver has multiple alcohol or drug- related convictions or serious driving offenses, the DMV regulations may require a lengthy period before it will reinstate full driving privileges.

If you have been arrested for DWI, it is important to have a lawyer who understands the legal ramifications of a conviction.

Call us at 585-484-7432 for a legal consultation.

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