TWO DWI's (or DWAI's (alcohol) or DWAI (drugs)) within 5 years means
NO DRIVING PRIVILEGES AT ALL.
If you are charged with a second DWI / DWAI within 5 years of the first conviction, then you will NOT be eligible for a CONDITIONAL LICENSE.
What does this mean?
It means that you will have NO DRIVING PRIVILEGES in all of New York State before any conviction or even after any conviction for the full duration of any suspension or revocation period.
The New York DMV website lays it out pretty well:
Eligibility
Participation in the Drinking Driver Program is available on a voluntary basis if you have been convicted of an alcohol or drug related driving violation, unless you have participated in the program within the last 5 years, or have been convicted of another alcohol or drug violation within 5 years of the current alcohol or drug violation. However, these limitations do not restrict the ability of the court to mandate participation, even if you have already attended a Drinking Driver Program within the previous 5 years. In such situations, participation will be required, yet you will not be eligible for a conditional license or privilege.
Normally, somebody who completes the DDP (after a first offense with a clean history) will get their NY driving privileges back in full (even if the revocation period is still applicable).
In a situation where somebody is charged with a second DWI within that five year period, the DMV and the Court will no longer give somebody the benefit of the doubt in an effort to protect the public.
THE BOTTOM LINE:
If you were convicted of a DWI --- you will be enhanced to a FELONY within a 10 year period -- and if you were convicted of DWAI (alcohol) then you won't be facing a FELONY, but as I said above, you will NOT be eligible for any driving privileges whatsoever during and after your case.
Be careful out there.
BY: Attorney Mike Cyr
P: 607-229-5184
Twitter: @ithacadwi
