A Driving While Intoxicated arrest can have serious consequences to your driver’s license. In addition to a suspension of your privilege to drive while your case is pending, and a revocation of your license if you are convicted, there are fairly new regulations promulgated by the DMV which can result in further loss of your license.
The new regulations, which went into effect September 25, 2012, affect drivers with multiple Driving While Intoxicated (by either alcohol or drugs) convictions. A person with two or more alcohol or drugged-driving convictions (which includes a conviction for the traffic infraction of Driving While Impaired) within the last 25 years will not be able to obtain a conditional license during the suspension/revocation period.
A person with three or four convictions within the last 25 years, without a “serious driving offense”, and whose revocation results from a alcohol or drugged driving conviction, will be denied relicensing for five years in addition to the revocation period they receive as part of the sentence. After the additional five years, they will then only receive a restricted license for the next five years and be required to install an ignition interlock during that time period.
Persons with three or four convictions within the last 25 years who have had a serious driving offense will be permanently denied a license. A serious driving offense is a fatal accident, driving-related penal law conviction (ie. Reckless Driving), a conviction of two or more violations for which five or more points are assessed, or 20 or more points from any violations.
Finally, those with five or more alcohol or drugged-driving related convictions in their lifetime will be permanently denied relicensing.
If you have been charged with Driving While Intoxicated and have a previous conviction, you need to take these regulations into consideration when deciding how to handle the new charge. Your lawyer must understand these regulations and do everything he can do to keep you out of their reach.
Contact The Law Office of Naiburg Obedin and Weissman for a free consultation by calling them at (631) 979-7777.