At the Law Office of Mark A. Siesel in White Plains, New York, we know that one of the biggest concerns our clients have after being charged with a DWI, Driving While Ability Impaired by Drugs (DWAID), Aggravated DWI, Felony DWI or another drunk driving charge, is to be able to maintain at least some of their driving privileges after the case has concluded. In many cases, we are able to obtain what is known as a “conditional license” for our clients. A conditional license, or conditional privilege for drivers who have out of state driver’s licenses, is only granted after the criminal charges have been completed in Court.
In order to be eligible for a conditional license, you must not have had another DWI related conviction within 5 years immediately before the new conviction or plea. Conditional licenses permit the operator to drive to and from a place of employment, to attend accredited school programs, to appointments for emergency medical treatment, to pick up children from day care or school, and to attend Court mandated drug or alcohol programs. However, conditional licenses do not permit driving for non-essential activities such as driving to the movies, to a restaurant, or to visit friends, as examples.
We advise our clients throughout the process as to eligibility for conditional licenses, how and when they are obtained, and when to apply for reinstatement of full operating privileges. There is an important distinction, for instance, between a conditional license issued after a Driving While Ability Impaired (DWAI) charge, which runs for approximately 90 days while the client’s license is suspended, and a conditional license as a result of a DWI conviction, which is for the 6 month revocation period. In the first example, after a motorist’s license is suspended for 90 days as a result of a conviction or plea to a DWAI charge, the motorist is automatically eligible to be reinstated to their full license privileges after the 90 day suspension has been completed and all Court required programs and requirements have been completed, including alcohol assessment, attendance at the MADD Victim Impact Panel, and completion of the seven week Drinking Driver Program (DDP) sponsored by the Department of Motor Vehicles. The person must then pay a reinstatement fee to the DMV to be fully reinstated to their driver’s license. However, when someone is convicted of or pleads guilty to a DWI charge, whether a misdemeanor or felony, even after the above Court mandated programs and requirements are completed, the Department of Motor Vehicles will then make a determination as to whether the motorist is eligible to be reinstated to full driving privileges. In felony cases, this determination is also affected by the involvement of the local Department of Probation.
When charged with a DWI, DWAID, Aggravated DWI or felony DWI, one of the important concerns that all clients have is the ability to continue to drive under some circumstances to limit the financial implications for their families and themselves. At the Law Office of Mark A. Siesel in White Plains, New York, we know how important maintaining some form of a driver’s license or privilege is for our clients and we strive to do everything possible to facilitate that goal.