What if Your Driver’s License is Taken Away

The New York State Bar Association has published a brochure highlighting offenses that will result in your license being taken away and explaining actions that will be taken by the Department of Motor Vehicles (DMV). These are some of the New York State Bar Association’s findings:

Criminal Convictions Can Result in the Following DMV ActionsiStock_000001580239_ExtraSmall

– Driving While Intoxicated (DWI) or with .08% blood alcohol concentration . . . 6-month revocation.

– DWI or Driving While Ability Impaired by Drugs (DWAI-Drugs) committed within 10 years of any previous violation . . . 1-year revocation.

– DWAI committed within 5 years on any previous alcohol or drug related violation . . . 6-month revocation.

– First alcohol or drug-related violation by a driver, except Zero Tolerance, under age 21 . . . 1-year revocation.

– Second alcohol or drug related violation by a driver, except Zero Tolerance, under age 21 . . . revocation until age 21 or 1-year, whichever is longer.

Driving under the influence (DUI) outside of New York State

– Alcohol…90-day revocation.

– Homicide, assault, or criminal negligence resulting in death from the operation of a motor vehicle…6-month revocation

– False statement on an application for a license or registration, or substitution by another driver for a road test: Conviction in criminal court…6-month revocation/Finding by a DMV administrative law judge… 1-year revocation

– Speed contest …..6-month revocation

– Second speed contest within 3 years… 1-year revocation

– 3 Speeding and/or misdemeanor traffic violations committed within 18 months…6-year revocation

– 3 Violations for passing a stopped school bus within 3 years…6-month revocation

___________________________________________________________________

Suspension of Driving Privileges

– Driving while ability impaired by a drug (DWAI-Drug) ……. 6-month suspension

– Driving while ability impaired by alcohol (DWAI) …. 90-day suspension

– Driving under the influence of a drug outside of New York State ..….. 6-month suspension

____________________________________________________________________

Your license will be suspended if you are arrested or detained for any alcohol or drug related charge and refuse to take a chemical test.

If your refusal to take a chemical test is confirmed at a DMV hearing, your license will be revoked for at least six months and you will be assessed a civil penalty of at least $300.

The Zero Tolerance Law makes it illegal for a driver under the age of 21 to have consumed alcohol.

A police officer who believes you have consumed alcohol but not enough to charge you with a DWI or DWAI may temporarily detain you and request a test to determine your blood alcohol content.

If you illegally purchase alcoholic beverages by using a New York State driver License or Non-Driver ID card as proof of age, state law requires suspension of your driver license or privilege of applying for a license.

Under the New York State’s Open Container Law, it is a traffic infraction for a driver or passenger in a motor vehicle to drink or possess an alcoholic beverage with intent of drinking it.

Completion of a motor vehicle accident prevention course will not reduce the calculation of points affecting the driver responsibility assessment.

If you receive a DMV inquiry letter about vehicle liability insurance, read it carefully and be sure to respond as directed.

You can reduce up to four points from your driving record and save up to 10 percent on your auto liability insurance premiums by completing a DMV-approved accident prevention course.

There is a $25 fee to have a license suspension terminated.

$35 fee for failure to pay a fine, or failure to answer a traffic ticket, mandatory surcharge, or crime victim assistance fee.

If your license is revoked, you may not apply for a new one until you pay a $50 non-refundable re-application fee. The fee does not apply to drivers whose licenses are revoked for not having insurance, or who complete New York State’s Drinking Driver Program.

Aggravated Unlicensed Operation (AUO) is driving while your license is under suspension or revocation.

AUO-3rd degree is a misdemeanor

AUO-2nd degree is a misdemeanor

AUO-1st degree is a felony.

Aggravated failure to answer tickets or failure to pay fines is a misdemeanor punishable by a mandatory surcharge, and/or imprisonment for up to 180 days.

If your license is suspended or revoked you may be eligible for a conditional or restricted license that allows you to drive in limited situations. (Example: to and from work)

If you have an out-of-state license, your privilege to drive to drive in New York State can be suspended or revoked. You may request for your driving privilege to be restored by writing to The New York State Department of Motor Vehicles, Driver Improvement Bureau, 6 Empire State Plaza, Albany, NY 12228.

DMV Definitions:

  • Compliance- Credit for the suspension or revocation of a driver’s license does not begin until the license is turned in to a court or DMV.
  • Suspension- Your privilege to drive is taken away for a period of time, then returned.
  • Revocation- Your privilege to drive is cancelled. Re-application for a new license or permit is necessary once the revocation period is over.

I am sure that your lifestyle requires access to a motor vehicle and valid driving privileges, whether for work, play or otherwise.  At Martin Colin, P.C., our experienced lawyers can help you with any suspension or revocation of your driving license.

If you are in need of an effective lawyer to defend you from a license suspension or license revocation, give us a call toll free at (914) 771 7711 or email by using the ‘Contact Us’ form on this webpage.Contact-Us-2013-09-12-10-54-27