If you are convicted of Driving While Ability Impaired (DWAI), Aggravated Driving While Intoxicated (ADWI) or Driving While Intoxicated (DWI / DUI), the court will take your license and the suspension or revocation of your license begins immediately. You are also usually subject to a pretrial suspension. It is important to remember that your revocation or suspension period after a plea or verdict of guilty begins at sentencing. You receive no credit for the period of time that you have been without a license while the case is pending.

If you have no prior alcohol related convictions, and there are no aggravating factors in your case, participation in the Drinking Driver Program (DDP) will make you eligible for a conditional license. DDP consists of seven classes totaling a minimum of fifteen (15) hours. The DDP program is designed to educate violators of the Vehicle and Traffic Law in order to deter future violations.

A conditional license allows you to drive under several conditions:

• To and from your job and during your job when required

• To and from any classes or activities that are part of your rehabilitation program

• To and from classes at an accredited school or vocational institute

• To and from the DMV to conduct business associated with you license or programs

• To and from medical treatment for yourself or a member of your household

• For three consecutive daytime hours

• To and from places where your children are cared for

See Vehicle and Traffic Law § 1196(7)(a).

You can only get a conditional license once every five years. So if you have had a conditional license in a prior DWI / DUI case in the prior five years, you will not be allowed to get another one for your new case. A pretrial conditional license to drive is also available while the case is pending. You can only get one thirty-days after your license has been suspended pending prosecution. But again, if you have had one in the prior five years, you cannot get another. In addition, if you are an out-of-state driver arrested in New York for a DWI / DUI offense but need to drive in New York, you can qualify for a conditional “privileged” as long as you can show New York DMV that your out-of-state license is valid and in effect.

Conditional licenses cost approximately $75.00 in addition to the fees to enroll in the DDP program. You may consider asking a court for a 20-day stay of any suspension or revocation because there is usually a 2-week delay for New York DMV to receive notice of a DWI / DUI conviction. If you are enrolled in the DDP program you may be sent for additional assessment and/or treatment. Failure to complete the additional assessments or treatment can result in the revocation of your conditional license. A qualified New York DUI/DWI lawyer can fully advise you about your rights to a conditional license.