HERE IS WHY YOU SHOULD FIGHT ANY  DRUG OR DRINKING RELATED CONVICTION, EVEN IF IT'S YOUR FIRST ONE:  YOU MANY NEVER GET YOUR LICENSE BACK!

Under the toughened NYS Department of Motor Vehicles Regulations of the Commissioner (January 3, 2025), getting your driver's license reinstated may be very difficult or impossible.

WHAT DOES THIS MEAN IF YOU ARE FACING A DWI RELATED OFFENSE? If you are at risk of being CONVICTED for even two drinking related offenses, it will have permanent and substantial effects on your ability to drive in New York State. What is your ability to drive worth to you? Now, more than ever, the importance of avoiding any conviction for drinking related offenses such as DWI, DWAI, DWAI/Drugs, and Chemical Test refusals, and even high point moving violation convictions is crucial. Contact us if you are at such risk. More and more defendants will opt for trial to avoid losing their license for years or forever, even if offerred a reduced DWAI violation in a plea bargain! Choose us to represent you and to do your trial work if a conviction may not otherwise be avoided.

Summary of revocations and requirements for  reinstatement, if allowed, by DMV:

Following is a quick reference and the regulations themselves.  Apply the following keys to understand the quick reference:

The first number represents your total number of convictions or refusals for drunk or impaired driving related offenses ["DIRO"].  The second number, after the "/," is the look-back period involved for the number of offenses. To the right of these, following the "=" is the effect on relicensing. 
SDO = Serious Driving Offense [detailed description below]*

4/Lifetime = No relicensing ever, absent "unusual, extenuating, and compelling circumstances."

3/25 years with no SDO = revocation for 5 years, then another 5 years driving with a restricted license.

3/25 years with an SDO = No relicensing ever.

2/25 years = no driving privileges while revoked even if completed the Impaired Driver Program, and must then supply  proof of rehabilitation after period is over, but restoration will be discretionary with DMV.

2 convictions + one involving a physical injury = No relicensing

*Notes: A "serious driving offense" includes: fatal accident; penal law driving conviction; 2 or more violations which carry 5 or more points each; or 20 points on your license in aggregate over your lifetime. No early suspension lifting is possible, even with a DMV educational program. A refusal to take a chemical test counts as a conviction for these purposes. Drug impaired driving convictions are included as a DWI for these purposes.

All drinking/drug related driving offenses now get 11 points [called “negative units”] on license.  If all 11 points are from a single DIRO, then no DMV hearing is required.  If those 11 points include any other points from prior traffic infractions accumulated within the past 25 years, then a hearing is required which could probably result in loss of license.

HOW DO I GET MY LICENSE BACK?  You will most likely need an attorney who knows the ropes.  Before consulting the attorney, get a current copy of your lifetime driving history.  Identify any of the convictions (even for non-drinking related traffic tickets) for which you were not represented by an attorney on the record for that offense.  Write down every conceivable reason why you need or should have a license, and any unique hardships imposed upon you or your dependents by being unable to drive.  Then call Marco Caviglia, Esq. for a consultation armed with all this information from which a game plan can be made to restore you license if at all possible.

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