New York Strengthens Felony DWI License Revocation Laws

NEW YORK, NY, January 17, 2013

In recent years New York State has made important changes to the laws regarding Driving While Intoxicated (DWI). Perhaps some of the most drastic of these changes have come about in just the past two years. In 2010 the interlock requirement was implemented which places a restriction on the license of anyone convicted of a felony or misdemeanor DWI prohibiting the person from driving any vehicle without an interlock breathalyzer device for at least six months.

In September 2012, Governor Andrew Cuomo announced new regulations for those convicted of multiple DWI's over the course of their driving histories. Governor Cuomo's new regulations call for lifetime review of a motorist's driving history upon reapplication after a revocation. In New York State, a motorist's license can be revoked, meaning the motorist would have to reapply to the DMV for a new license upon the expiration of the revocation period, for several reasons. The most common reasons include acquiring three or more speeding tickets in an eighteen month period, operating without insurance, and a misdemeanor or felony conviction of DWI.

Lifetime review of the motorist's history is a change, as until these new regulations were implemented motorists were rarely, if ever, faced with the possibility of permanent revocation. Now, if a motorist has five or more alcohol or drug related driving convictions in his or her lifetime OR if the motorist has three or more alcohol or drug related driving convictions in the last 25 years plus at least one other serious driving offense during that period, the motorist will face permanent revocation of their driving privilege. Thanks to the National Driver's Registry, a permanent revocation in New York will also often mean an inability to get an out of state license.

For those motorists who have three or four alcohol or drug-related offenses in the last 25 years, DMV will deny a reapplication for license for five years beyond the statutory revocation period for a drug offense, two years for an alcohol offense. Even after that additional revocation period is completed, the license will only be restored to "restricted" status, meaning the motorist can only travel to and from work or school and medical visits. Additionally, for those motorists whose revocations stemmed from alcohol-related offenses, the DMV will require an interlock device in any vehicle the motorists operates for a period of five years.

While DWI is a very serious offense and should be treated strictly by the State, these new regulations have been casting a wide net and catching motorists who have had clean records for years. Unfortunate mistakes made during the "young and stupid" years have been resurrected to deny motorists reinstatement, even after decades of clean driving records.

Seth Katz is a highly recognized New York DWI Defense Attorney. For information about the firm, or for legal counsel, visit www.katzlawyers.com or call 212-747-0606. Call 24-7 for a free legal consultation.