My Driver’s License Was Suspended. How Do I Get It Back?May 24, 2016 in DWI, Frequently Asked Questions
If your New York State driver’s license was suspended in relation to a DWI or DUI related crime, the process for getting it back will depend on why it was suspended in the first place. Regardless of the cause, an experienced DWI lawyer will always help your case.
Suspended License Due to Failing a Chemical or Breathalyzer Test
Your license will be suspended at arraignment if you submitted to a chemical test (such as a blood test or breathalyzer test) and your alcohol level was .08 percent or more.
So, if that’s the case: how do you get your driver’s license back? If, prior to your suspension pending prosecution, you had a valid driver’s license and you did not have a prior conviction for Driving While Intoxicated or Impaired, or you had previously completed the Drinking Driver Program within the preceding five years, you may be eligible for a conditional license issued by the Department of Motor Vehicles thirty days after your arrest.
The conditional license allows you to drive, but with limitations. For example, you can drive for the purposes of work, education and for the health needs of you and your family. You can refer to this resource on the DMV for a full list of conditions. In certain limited circumstances, you can qualify for a hardship license from the court to allow you to commute back and forth from work prior to getting a conditional license 30 days after your arrest.
Suspended License Due to Refusing a Chemical Test
If you are pulled over and refused to submit to a chemical test, your license will be suspended at arraignment and you need to attend a refusal hearing at the Department of Motor Vehicles. The hearing will take place within 15 days.
If you are convicted of Driving While Ability Impaired, Aggravated Driving While Ability Impaired, or Driving While Intoxicated, any suspension or revocation ordered by the court begins immediately. The court may issue a 20-day stay of the suspension to allow you to make arrangements for transportation and to apply for a conditional license if you are eligible. You are not credited with any license suspension time from arraignment to when you are convicted.
How to Get Your Driver’s License Back
If you are convicted of a DWI-related crime, but you had a “clean” record prior to this conviction, you may be able to apply for a conditional license that gives you limited driving privileges. Your best option, however, is to beat the conviction entirely–in order to do that, you’ll need a top notch legal team working on your behalf.