License Suspension Exceptions and Reasons for License Restoration

It is common knowledge that if you get charged with a DWI in New York, your driving privileges are going to be suspended while the case is pending. That is, except in three very specific situations, which will be discussed below.  If your license has been suspended, there are plenty of good reasons to have it restored, as we will see.

3 reasons your license will not be suspended for a DWI:

We’re going to talk about these three situations where the judge cannot legally suspend your driving privileges in New York:

• Number #1: If there is no certified breath test at the start of your case. This happens occasionally, when the prosecutor who bring a packet of papers to the Court that does not include that document.  In this type of scenario, your attorney will tell the judge that your license cannot be suspended without it and the judge will be required by law to allow you to drive pending prosecution.
• Number #2: If the BAC — the blood alcohol content — is less than 0.08%. The judge cannot suspend your license at the start of your case if your BAC is 0.07%, 0.06%,that is the lower charge of DWAI
• And number #3: If there is a blood or urine test in your case and there is no blood or urine test result yet, the judge cannot suspend your driving privileges without that result.

What all three of these things have in common is; number 1, legal proof; number two, legal proof; and number three, legal proof. The certified document is the proof, the BAC number is the proof, and the actual blood or urine test result is the proof. Without those things the judge doesn’t have the legal basis to suspend your license upon arraignment, at the start of your case.

There is an important exception to this.  If the reason for the lack of legal proof is your refusal to submit to a chemical test (whether breath, blood or urine), the Judge must suspend your driving privileges pending a prompt DMV hearing (within fifteen days). DMV will revoke your license for one year if the DMV Hearing Officer finds that you were properly stopped, properly arrested, properly warned of the consequences of refusal and yet, you persisted in your refusal.  Your only recourse in that situation is to be successful at a Refusal Hearing for which you definitely should have competent legal counsel.  It is worth repeating that if refusal of the chemical test applies to you, then even if you ultimately prevail in your DWI trial in criminal court, the year long revocation of your driver’s license or privileges will remain in effect if you lose the DMV refusal hearing.

What happens if your license has been suspended or revoked – how do you get it restored?  

Once you have completed the criminal court case, and have been found guilty of, or have plea bargained for a DWI or DWAI, and you have a conditional license privilege, there’s a number of hoops that the New York DMV, or the DMV of any state, is going to make you jump through to get your full privileges back. You will want to get to a place where there are no restrictions of your driving privileges.

Here are some of the issues that you will be up against as long as your driving privileges have not been fully restored:

• Issue number #1: If you have a conditional license, it means that you can only drive at the specific times, in the specific instances, to the specified places. Your job may not want you if you have limitations placed upon your license. That is issue number one.
• Issue number #2: If there is a company vehicle that you are going to need to drive, you are probably not going to be able to be covered under their insurance plan. The reason for that is because insurance companies don’t like to cover drivers that are tied down with conditions or obligations, especially ones that have been caused by DWI or DWAI charges. That’s the second reason that you want to have your license fully restored.
• And issue number #3: If you’re going to ever apply for another license or even to renew your license, they are not going to allow you to do that if there are still conditions/restrictions upon your license in any of the states.

So these are the reasons why you need to see what to do, who you need to talk to, what documents you’re going to need, and the steps to take to get your license fully restored. Again, competent legal counsel can help guide you to full restoration.

For answers to your questions regarding DWI, suspended or revoked licenses or another traffic violation issue in New York State, please reach out to me at:

Phone: 845-371-8457