Even for experienced Rochester DWI lawyers, it can be difficult to recall all of the circumstances under which a driver convicted of drinking and driving may – or may not – be eligible for a conditional driver’s license.
Generally, a driver who has no prior drunk driving convictions within the past five years is eligible to attend the Drinking Driver Program and obtain a conditional license.
The court may, however, order attendance at the Drinking Driver Program even if the defendant is not eligible for a conditional license, and there are several other conditions aside from this five year window that may preclude the defendant from obtaining a conditional license.
A driver may not obtain a conditional license if there was a fatal crash associated with the drinking and driving conviction – even if the driver was cleared of any Vehicular Manslaughter charges.
If the case involved an injury accident and the driver was convicted of an assault charge (such as Vehicular Assault) in association with it, he or she also is ineligible for a conditional license.
Aside from accident cases, the Department of Motor Vehicles may deny issuance of a conditional license under several other circumstances.
These include cases where the driver has two or more prior driver’s license suspensions or revocations or convictions for Reckless Driving within the past three years; where the driver is convicted of other, non-alcohol related offenses that require a separate suspension or revocation in conjunction with the drinking and driving offense; where the driver was operating a bus or taxi at the time of the offense; and cases where the judge bars holding a conditional license as a condition of the driver’s probation despite ordering attendance at the Drinking Driver Program.
If you have been arrested for drinking and driving, you need an experienced DWI lawyer. Call us at 585-484-7432.