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What Happens To Your New York Driver’s License Once You Are Charged With DWI?

What happens to a driver’s license from the moment someone is pulled over and arrested for DWI?

The police officer will take the license into his physical possession; and it won’t be given back. The person will then be brought to the police station. They will undergo tests at the police department and eventually go in front of a judge.

If you are accused of blowing into one of these machines and registering .08 or more, the judge, by law, will then suspend the person’s driver’s license. The next time the case is on, within the next five days, the person is eligible for a hardship license.

Make an application to the judge that your license is necessary to get back and forth to school, work and medical appointments. If you don’t have your car to drive there, say it would be an extreme financial hardship to take alternate transportation.

Perhaps there is no bus you can take. There is no train you can take. You have to take a taxi cab. However, by the time you pay for a taxi cab, it may be more money than you have or make. Then, it becomes an extreme hardship.

Some judges in some counties in some jurisdictions are a lot more lenient than others. Some counties will fight this; keeping in mind you’re not convicted ,only accused. They will fight you tooth and nail by being accused of this; and not allow you to drive.

That’s what you can expect. You need to go over it with an attorney. You need to have documents prepared for the hardship application. Do the best you can. The majority of time, in several counties you will be able to get a license to drive for the first 30 days.

You may be entitled to a conditional license issued by the Department of Motor Vehicles 30 days after. You are eligible if you have not had a prior DWI in the last 5 years; or you have not had a prior conditional license from Department of Motor Vehicles.