At Governor Cuomo’s
urging, the NYS DMV has instituted new regulations affecting the relicensing of
individuals convicted of alcohol related driving offenses. The regulations
became effective on September 25, 2012 and, without a doubt, make New York one of
the toughest states in the country in which to suffer a conviction for an
alcohol related driving offense.
A full discussion of each
and every aspect of the new regulations is well beyond the scope of a simple
blog entry. And the new regulations are certainly not without issues and
already a source of extreme contention for defense attorneys and the affected drivers
alike. My purpose here is merely to highlight the bigger ticket items to
provide you with a basic understanding of the regulations, and, as the DMV and
Governor Cuomo intended, ideally serve as a significant deterrent to all
drivers before risking a DWI or other alcohol related driving arrests.
It is important to know
that for purposes of the new regulations, “alcohol related driving offenses”
include not only DWI convictions, but zero tolerance violations and refusals,
as well. For
the sake of simplicity in this article, I will be using the offense of Driving
While Intoxicated, or DWI, to represent all alcohol-related driving offenses
(e.g, DWI, DWAI, DWAI-Drugs, Refusals and Zero Tolerance).
It should first be noted
that these new regulations are just that: regulations. They do not change any
of the laws in New York State as they pertain to DWI.
That is, the legal limit is still .08%, and a second (or subsequent) DWI
offense in ten (10) years is still subject to prosecution as a felony.
Additionally, the minimum license revocation periods resulting from each
respective offense remain the same. What the new regulations do change,
however, and in a substantial way, is the ability of a convicted driver to
re-obtain his or her license after serving any minimum license
revocation period.
Anyone convicted of an
alcohol related offense in New York State knows that a condition of that
conviction is the attendance and completion of the Article 21 School, or the
Drinking Driver Program (“DDP”), which may or may not permit you to obtain a
conditional license during your revocation period. And depending on how long
ago your prior alcohol related conviction was (if you had one), you could be
eligible to re-apply for your full driving privileges upon completion of the
DDP. With the exception of a first offense, that is unfortunately no longer the
case.
25 Year Look-back
The DMV (and the DMV only)
has extended the look-back period for prior convictions to 25 years. That means
that if you have been convicted of an alcohol related offense at any point
within the 25 years immediately preceding your most recent arrest, you
will not be considered a first offender for DMV
purposes (if ultimately convicted of the most recent offense). For example, if
a driver is arrested for DWI on January 1, 2013, any alcohol related offense as
far as back January 1, 1988 will be a factor. So that DWI arrest in 1989 when
you were just 17 years old and got rid of with a Zero Tolerance or Driving
While Ability Impaired violation now becomes a legitimate concern (***It is
therefore extremely important that you remember and disclose any and all prior
alcohol related offense to your attorney as soon as possible***).
So what happens if you do
have a prior DWI (or other alcohol related driving offense) within the past 25
years and you’re facing a new conviction now?
First Offense Within 25 Years
First offense DWI’s continue to be treated the same as they were prior to
enactment of the new regulations. That is, any minimum license revocation
period may be shortened by completion of the DDP and application to reinstate
your full driving privileges.
Second Offense Within 25 Years
A second DWI within 25 years will require completion of the full minimum
license revocation period, whether or not you are eligible for the
DDP/conditional license. Upon termination of the minimum mandatory
revocation period, you may be eligible to re-apply for full driving privileges.
Third or Fourth Offense Within 25 Years
In the event you acquire 3
or 4 alcohol related offenses within 25 years, you will be required to serve
the full minimum revocation period without a
conditional license. Moreover, upon completion of that minimum revocation
period, you will be subjected to an additional 5 year period of
revocation, similarly without a conditional license or other driving
privileges (in most cases).
And you’re not done yet.
Once you have satisfied what will generally equate to a five and a half year
revocation, you may be eligible to re-apply for driving privileges. But even if
the DMV decides to grant you those privileges, they will only be conditional privileges
for five more years. Additionally, you will be required to install
an Ignition Interlock Device (“IID”) in any vehicle you own or operate during
that subsequent five year period, at your expense.
Five or More Offenses During Your Lifetime
Simple. LIFETIME REVOCATION.
As is frighteningly clear,
the consequences of a DWI conviction have been exponentially enhanced and are
now dire. In this day and age, for the vast majority of us a driver’s license
is imperative to survival. Loss of the right to drive can lead to loss of
employment, home and family. And the DMV does not care.
Regrettably, this is just the tip of the iceberg. There are also similar
consequences for non-alcohol related convictions that result in a license
revocation (many of which may surprise you). And many people who had been
arrested and convicted long before these new regulations took effect on
September 25, 2012 are nonetheless being swept up by the “long arm” of the DMV
and subjected to these new enhanced sanctions.
Now more than ever, anyone
charged with an alcohol related driving offense, serious driving offense or multiple moving violations should speak with an experienced and knowledgeable VTL/DWI/Criminal
defense attorney before making any decisions about their case. Call the defense attorneys at Catalano & Carpenter LLP today to schedule a free consultation to discuss your case, at (845) 454-1919 or visit us online at www.CatalanoCarpenter.com.
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