If your predicate DWI convictions were within the past 5 years, you are subject to the following additional mandatory penalties:. Realistically, however, if you find yourself in this situation you will likely be going to jail or prison for substantially longer than this required minimum period. It is important to note that these regulations do not affect revocation periods that are imposed by statute or by other regulation. These are waiting periods that are applied to applications for relicensure, and are in addition to any revocation period.
These regulations are not only applicable to people revoked for alcohol- and drug-related driving convictions, they are also applicable to people who are not, otherwise, revoked, but have been convicted of a high-point driving violation defined as bearing 5 or more points. This means:. If that motorist, being a licensee with an A2 restriction, is later revoked for a subsequent alcohol- or drug-related driving conviction or incident; that motorist shall thereafter be ineligible for any kind of license to operate a motor vehicle, i.
Where the motorist is revoked for a non-alcohol- or drug-related conviction; and has 3 or 4 alcohol- or drug-related driving convictions or incidents in any combination within the 25 years preceding the date of the offense for which they were revoked, they will face a 2-year denial of relicensure in addition to the statutory period of revocation.
The distinction between this 2-year period and the 5-year preceding period turns on whether the offense that they are presently revoked for resulted from an alcohol- or drug-related driving conviction or incident.
Where it does not, then the 2-year waiting period is applicable. In this case, the ignition interlock device is not required since the revocation was not for an alcohol- or drug-related driving conviction or incident. Akin to the 5-year waiting period, however, the 2-year waiting period is followed by 2 years of a restricted license pursuant to the A2 restriction.
Similar to the 5-year provision, a subsequent revocation for an alcohol- or drug-related driving offense while under the A2 restriction will result in a lifetime ineligibility.
For second offenders, the rules have changed in one important respect. The person has to serve the full revocation period before they can have full privileges restored. Specifically, the first time you commit aggravated DUI in New York, you may have your license revoked for a minimum of a year. For both your second and third offenses, you face having your license revoked for a minimum of 18 months. With your third offense, if it occurred within 10 years of your other offenses, you risk losing your license permanently.
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Penalties for Alcohol or Drug-Related Violations in NYS The penalties for an alcohol or drug-related violation include the loss of driving privileges, fines, and a possible jail term.
If less than 21 years of age, revoked at least one year or until age 21 longest term Source: New York State Department of Motor Vehicles dmv. Vehicle and Traffic Law - Table of Contents. Troy Main Office Schenectady Saratoga Albany Colonie Stewart Jones, Jr. Hacker, Managing Partner David R. Murphy, Partner John F. Harwick, Partner Patrick L.
Seely, Jr. Keenholts, Partner James C. Knox, Partner Thomas J. Higgs, Partner David I. Iversen Julie A. Nociolo Cathy L. Drobny Rosemary W.
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