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answered on Jul 27, 2011
On a first time conviction or pleas of guilty to an aggravated DWI, your license will be revoked for one year.
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answered on Jul 25, 2011
Your conditional license will be revoked if you do not complete the Drinking Driver Program and you will have no driving privileges for the length of your revocation or suspension period.
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answered on Jul 25, 2011
On a second DWAI, your license will be revoked for 6 months, assuming you are referring to a non-commercial license. The penalties for a commercial license holder are much more severe, and at the very least, you would be looking at an 18 month revocation on a second DWAI with a commercial license.
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answered on Jul 25, 2011
The 5 years for the drinking driver program is from the date that you last completed the program until the next DWI arrest.
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answered on Jul 25, 2011
The program lasts 7 weeks and encompasses approximately 15 class hours.
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answered on Jul 25, 2011
This is also known as a 20 day "stay". In a DWI case in which there has not been a refusal, it "stays" the proceedings for 20 days, and allows for a driver pleading guilty to a DWI charge to begin driving with a conditional license (to and from work, day care, doctor's... View More 
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answered on Jul 23, 2011
Unfortunately not. The best case scenario on a plea from a DWI charge woudl be to a DWAI, which is driving while ability impaired. A DWAI is a traffic infraction, not a crime.
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answered on Jul 22, 2011
No. You may only take the DDP once every 5 years. However, even though you are not eligible to take the DDP and thus not eligible to obtain your conditional license, the judge in your case may still order you to attend DDP without being able to get the conditional license.
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answered on Jul 22, 2011
The VIP Panel is the Victim Impact Panel. This is a class that is sponsored by MADD (Mothers Against Drunk Driving) and is ordered by the Court in many counties as part of a sentence on a DWI or other drunk driving charge.
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answered on Jul 22, 2011
That depends on several factors, including whether this was your first DWI, whether there was an accident involved, what your BAC (blood alcohol concentration) was, and whether you are eligible for a plea to a reduced charge, among other factors. If this is your first DWI, there was no accident,... View More
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answered on Jul 22, 2011
The BAC or blood alcohol concentration for DWI in New York is 0.08%.
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answered on Jul 22, 2011
No. The judge will adjourn the hearing and you will be notified of the new date by the Department of Motor Vehicles. However, he will reinstate your driver's license if it has been suspended.
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answered on Jul 22, 2011
The hardship hearing will be held the same day as your arraignment or within 3 days thereof by statute.
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answered on Jul 21, 2011
That will be difficult to obtain. Generally, a hardship license is only good for travel between home and place of employment, not from point a to b to c, etc. My opinion is that you will not be able to get a hardship license and will have to try to get a conditional license at the conclusion of... View More
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answered on Jul 21, 2011
The decision is made at the conclusion of the hearing.
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answered on Jul 21, 2011
There is testimony by the Officer who conducted the DWI arrest and claims that the driver refused the breathalyzer. Depending on the strength or lack thereof of that testimony, the attorney for the driver makes a decision whether his client should testify or not. Frequently, for my own clients, I... View More
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answered on Jul 21, 2011
If you are eligible for a conditional license, it would only be for non-commercial use. There is no conditional license for a CDL holder, and your commercial privileges will be revoked for at least one year.
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answered on Jul 21, 2011
The hardship privilege will only entitle you to drive to and from work and only during the hours listed on the hardship license document.
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answered on Jul 21, 2011
If you do get a sentence of probation on your DWI plea or conviction, it will be for 3 years if this is your first DWI charge.
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answered on Jul 21, 2011
No, once you have gotten a plea reduction to DWAI, you can never get that reduction in the future if charged with a DWI again.
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