case begins. If you took a police chemical test by giving them a sample of your
blood or breath there will be six distinct phases. These may be combined or
condensed depending on your particular case.
PHASE ONE, there is an administrative Court suspension of FULL privileges to
drive in NYS. Remember, NYS courts/judges only have power (jurisdiction) over
NYS privileges. So if you have an out-of-state license it should be good in the
other 49 states while things in NYS are pending.
This is called the "suspension pending prosecution." This occurs with a BAC of
.08 or higher. Your attorney can apply for a hardship privilege license at this
phase. This can allow partial driving privileges for work, school, and medical
Hardship is case by case and is not a given. Proof will be required to meet the
legal standard of hardship for any privileges to be awarded by the judge.
PHASE TWO, you can apply at the local DMV for a PCCL (pre-conviction
conditional license) after 30 days from the administrative court suspension. You
may need a certified copy of your out-of-state license history/abstract to apply if
you are from out-of-state.
PHASE THREE, if your criminal case is resolved then your attorney can request
a stay (delay) of the license suspension. This is called a "twenty-day license"
because it is only for 20 days from the sentencing date.
PHASE FOUR, suspension or revocation of license privileges begins, then the
NYS DMV's DDP (drinking driver program), and the second type of conditional
license (the PRCL: Post Revocation Conditional License). This is usually
available at the local DMV (to sign up and receive) about 10 to 14 days after
PHASE FIVE, after completion of the seven week DDP, for first time offenders,
21 YO or older, and no other issues (talk with an attorney). Re-apply (pay more
$) and receive back FULL privileges. One caveat, this is a FULL
PROBATIONARY license for six months. One cell phone violation, seat belt
violation, anything beyond a parking ticket and you are SOL.
PHASE SIX, restoration for full license privileges will be dependent upon whether
your final plead to offense was a DWI or a DWAI. If it was a DWAI then payment
of a DMV license restoration fee will be the final step in this onerous process. If
your case involved the installation of a IID (ignition interlock device) on your car
then the final step in the process will hinge upon removal of the device from your
*Please Remember, ONE SIZE DOES NOT FIT ALL.
So there you have it in all it's glory. Now if you refused a breath test, a different
course, if you are under 21, a different course, if you are from out-of-state, a
potentially different course. If you, if you, I think you get that it is NOT always one
size fits all, and this is the general course of events on NYS DWI DMV stuff.
(if you found this information helpful, you can access the entire ebook on our website: www.ithacadwi.com )
COPYRIGHT CYR & ASSOCIATES 2015.
By Mike Cyr
www.twitter.com/ithacadwi OR @ithacadwi
*This post is not intended as legal advice. If you are charged with a DWI (or any crime), we strongly urge you to consult with a local, licensed DWI defense attorney.