New York law enforcement is out in force seeking drivers who are operating their vehicles under the influence. This is especially true in the warmer months when people are on vacation, driving to various events and younger drivers are out on the road more frequently since they are out of school. While most people will be aware of the penalties for a conviction on drunk driving charges, including fines, jail time and the loss of driving privileges, there are other consequences that must be considered and make it imperative to do whatever possible to combat the DWI allegations.
For people who have repeat convictions for DWI, their record will be subject to a lifetime review by the Department of Motor Vehicles. For those who are deemed “persistently drunk and dangerous,” the DMV can deny the application to have the driver’s license reinstated in the following situations: if there were five or more DWI convictions for alcohol or drugs in the person’s lifetime; if there were three or more alcohol or drug-related convictions in the 25 years subject to review plus another serious violation in that time frame such as a fatal accident, and accruing 20 or more points for violations; or having two or more driving convictions that were worth five points or more.
The driver can face a delay in relicensing, have driving restrictions or be required to have an ignition interlock device on the vehicle. With three or four alcohol or drug-related convictions and no other serious offenses in the 25 year look back period, there will be a denial of an application for a license for five years beyond the revocation period if there was a revocation for drug or alcohol-related offenses; or two extra years if the driver’s license had been revoked for a reason other than alcohol or drugs. The license can be restored after the additional time in which the license was restricted where the driver might only be allowed to drive to places he or she needs to go such as work. There can be an interlock device placed on the vehicle for five years from the date at which it was installed.
For drivers who have been convicted on multiple drunk driving charges, these penalties are significant. Examining the entire case from the start can yield an avenue of defense. After the arrest, it is critical to have a strong legal defense with a DWI attorney who can and help in trying to achieve a positive result and avoid these consequences.