NY DWI: How to Deal with Loss of License

The first order of business after any DWI arrest is what's going to happen to your driver's license? In New York State, we have a "suspension (of license privilege) pending prosecution" which will usually occur at arraignment (initial appearance).

Fortunately, New York State does offer a hardship privilege, and also allows conditional licenses for specific purposes. How those privileges are obtained, how wide or narrow they will be, and how they will ultimately fit your life's transportation needs is dependent upon many factors.

If you cans hire a lawyer early (way before arraignment) then the total license issues (in state, out of state, conditional, hardship) can be evaluated and prepared for. Are you a student? If you are a college student, what state is your license from? Are you doing late night or weekend research? If you have a job, what "type" of work do you do? Are you in transition between states, jobs, or homes? Are you divorced or separated? Do you need to pick up or transport minor children? Do you have child care responsibilities? Are you self -employed? Does your job require meeting with clients? Do you live in a rural location? Are you planning on moving to another state in the near future? Do you or a family member have medical needs? Your response to every one of these questions is important.

Proof is required to obtain a hardship privilege by the Court. What type of proof the judge is going to want must be specific to the law (People v. Bridgman) and your driving needs to obtain a hardship privilege?

In People v. Bridgman, 163 Misc2d 818, 622 NYS2d 431 (City Court of Canandaigua 1995), the court set forth eight factors that it believed should be considered when determining if extreme hardship exists. These factors were:

(1) the presence or absence of licensed persons present in the licensee's household; (2) the ability of other licensed household members to provide transportation for the licensee; (3) the occupation and health condition of the licensee; (4) the proximity of the licensee's place of employment, health care provider or school to his or her household; (5) the presence or absence of any public transportation or taxi service to or from the licensee's household to the place of employment, health care provider or school; (6) a consideration of the licensee's ability to afford public transportation or taxi service as an alternative means of transportation; (7) the presence or absence of co-workers, friends or family members who may assist in the licensee's transportation; and, (8) any other factor that the court deems appropriate to the determination.

My first goal is to keep someone employed (able to get to and from work) and functional. My second goal is to lessen license penalties (time of full suspension or revocation). My third goal is to prepare for potential future issues (re-location, re-licensure). There are ways to save time and money dependent upon your unique situation. In the situation of students or those who have relocated to New York State (established residency) but have never obtained a NYS license it may be beneficial to change over their out of state driver's license.

The first change every driver must make is going from a full privilege to drive to a conditional (restricted) privilege to drive. This may be for a period of weeks to months depending upon the facts of your case. If your case can be easily resolved (negotiated) then license issues can be further minimized.

Generally, the first 30 days (after initial appearance) will be the hardest because of two things: 1. the hardship privilege is the most restrictive type of conditional license (very narrow language of "to and from" work, "to and from" school, and "to and from" medical care) 2. SPECIFIC PROOF MUST be provided to the Court (the Judge will usually only allow what can be proven to where there is "no alternative reasonable means of transportation"). The next time period (after the first 30 days of arraignment) you can go to any NYS DMV office, and apply for the Conditional License. This requires NO PROOF. You fill out the application and your work privileges go from the "to and from" to "in the Course of employment," which is a much wider license. Of course, the absolute best thing to do is to hire a knowledgeable DWI attorney early and to discuss all the specifics of your situation. This will give you the best chance to save time, money, and aggravation.