DWI License Issues
You don’t need to be convicted of DWI (driving while intoxicated) in New York to be hit with severe consequences. Just an arrest and charge of DWI is enough to throw your life into turmoil, or at least cause you frustration, inconvenience, and a loss of freedom and mobility. The loss of driving privileges is one of the first and most impactful effects of a DWI. Knowing that you can lose your privilege to drive, you’ll understand how important it is to retain an experienced DWI defense lawyer who can help you protect your rights and try to keep you on the road while also defending you against the underlying charges. The attorneys at Epstein & Conroy have extensive experience representing and protecting clients accused of DWI offenses.
Suspension and Revocation
A DWI or DWAI (driving while ability impaired) arrest can result in one of two general limitations on your license and right to drive: suspension or revocation.
- Suspension: your license, permit, or privilege to drive is taken away for a period of time before it is returned. You may be required to pay a suspension termination fee.
- Revocation: your license, permit, or privilege to drive is voided; it no longer exists. To get a new license, or permit, or to restore your privilege you must re-apply to the Department of Motor Vehicles (DMV) once the revocation period is over
Suspension Upon Arrest
Commonly, a person charged with a DWI in New York will have his or her license suspended even before being convicted of any crime – this is generally known as the prompt suspension law.
The prompt suspension law applies to individuals who are charged with a DWI and who produced a breath test showing a blood alcohol content (BAC) of .08% or above. At the first court appearance, the judge will review the test results and other documents and, if he or she finds that they are legally sufficient, will immediately suspend your license and take away your ability to drive.
Defendants have a right to challenge the prosecution’s evidence and present their own evidence and testimony as to why their license should not be suspended. But the deck is heavily stacked against defendants in such hearings, making it imperative that you retain a lawyer who can make the strongest possible case for you.
In addition to the criminal prosecution brought against a person accused of a DWI, the law provides for severe license consequences for defendants who refused to submit to a chemical test. At a “refusal hearing” it is important that you are represented by an experienced attorney if you want to realistically challenge the loss of your driving privilege.
If you are convicted of DWI, DWAI, or other drunk driving offense, the fate of your license generally depends on the nature and severity of your conviction. The following are typical consequences upon conviction:
- Aggravated DWI (.18% BAC): 1-year revocation
- DWI: 6-month revocation
- DWAI – Drug: 6-month suspension
- DWI or DWAI- Drug committed within 10 years of any previous violation: 1-year revocation
- DWAI - Alcohol (DWAI): 90-day suspension
- DWAI committed within 5 years of any previous alcohol or drug-related violation: 6-month revocation
If you are accused of a DWI, your rights are on the line from the moment an officer pulls you over. You need an attorney who is experienced and knows how to challenge every aspect of a DWI arrest and prosecution, and who knows how to get you back on the road. Contact the attorneys at Epstein & Conroy by calling (718) 852-6763 for a free consultation to discuss your case and how we can help.