License Options After a DWI
If you have been charged with a DWI, you may know that losing your license is a possible consequence. This may be extremely stressful for you. Losing your license, no matter for how long, could affect your ability to provide for yourself or your family. Fortunately, you may have license options after a DWI.
Losing Your License From a DWI
If you’re charged with DWI or DWAI, it’s extremely possible that you’re going to lose your license either permanently or for a short period of time. Specifically, when you are arraigned in the court that you received your DWI in that jurisdiction, there’s something called a suspension pending prosecution, which means if you’ve submitted to a chemical test, more commonly known as the breath test, and scored a .08 or higher, the judge shall suspend your license pending the outcome of this matter.
You may, pursuant to the Department of Motor Vehicles, obtain a conditional license under certain parameters. We can always talk about those down the road, but you should certainly get to a seasoned DWI attorney as soon as possible because there are time restraints at the arraignment and short hearing periods afterwards.
Conditional License Through the DMV
If you’re charged with DWI, driving while impaired, there are certain things that you’re going to have to do as requirements for the Department of Motor Vehicles. This is separate and distinct from the criminal court. This is strictly civil in nature. You’re going to have to contact the Department of Motor Vehicles after a certain time period, once your DWI case is concluded, and they will make a determination based on your prior history, whether or not you’re entitled to a conditional license.
If you are, and you haven’t had a DWI within the preceding five years, or completed what’s called the DDP, which stands for the Drinking Driving Program, within the preceding five years after your conviction, you may be eligible. You must attend a seven-week program that’s put on by the Department of Motor Vehicles. You must complete that course in order to maintain your conditional license. Depending upon what you’re convicted of, whether it’s DWI or DWAI, will determine how long that conditional license will be in place.
If you’re charged with DWI or DWAI in a jurisdiction and you’re arraigned in court, your license shall be suspended. However, that arraigning judge may, at his discretion, issue what’s called a hardship license. After a hearing that an attorney would run on your behalf, you may, if the judge finds that it’s an extreme hardship for you, pursuant to the Vehicle and Traffic Law, grant you after a hearing, a license that will be good to drive to and from work only.
If you want representation that will protect you and help you with license options after a DWI, contact our Buffalo law office. John Dudziak will fight for you.