Driving after a DUI in New York: the Conditional License

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

There is no driver-requested administrative hearing for a failed test: the suspension pending prosecution is imposed by the court at arraignment, and the hardship-privilege showing is made to the court (arraignment may not be delayed more than three business days for it). For a chemical test refusal, the court temporarily suspends the license at arraignment pending a DMV hearing that the DMV itself schedules; if the DMV fails to provide the hearing within fifteen days after arraignment the license is reinstated pending the hearing; failure to appear waives the hearing (the person may petition the commissioner for a new one). A motorist may instead waive the hearing on DMV form AA-137W, which makes the revocation effective on the date the waiver is received. A first refusal revocation lasts at least one year with a $500 civil penalty and a $750 driver responsibility assessment.

“If the department fails to provide for such hearing fifteen days after the date of the arraignment of the arrested person, the license, permit to drive or non-resident operating privilege of such person shall be reinstated pending a hearing”

Who can get it, and how soon

The DMV can issue a conditional license to a qualified driver whose New York license was suspended or revoked for an alcohol or drug-related violation, and the driver must attend the Impaired Driver Program (IDP); IDP participation is available if the person has not participated within the last 5 years or been convicted of another alcohol or drug violation within 5 years of the current one. The DMV states that eligibility is affected if the person refused alcohol or drug testing on the date of the violation, was under 21, has two or more alcohol/drug violations on the record, or committed the violation while operating a commercial motor vehicle; a conditional license is not valid for a vehicle that requires a CDL.

“The DMV can issue a conditional license to a qualified driver whose NY State license has been suspended or revoked because of an alcohol or drug-related violation. The driver must attend an Impaired Driver Program (IDP) (previously known as Drinking Driving Program or DDP) approved by the DMV.”

New York has no administrative per se suspension for a failed test. At arraignment the court must suspend the license pending prosecution of a person charged under VTL § 1192(2), (2-a), (3) or (4-a) who is alleged to have had .08 or more (§ 1193(2)(e)(7)(a)); the court may grant a hardship privilege where the suspension causes extreme hardship, and once that suspension has been in effect 30 days the holder may be issued a conditional license under § 1196. After conviction the DMV mails an IDP/conditional license eligibility notice with the order of suspension or revocation; the DMV's P-71 notice says to contact a DMV office if the notice has not arrived by the 18th day after sentencing. Refusal: the court temporarily suspends the license at arraignment pending the DMV refusal hearing (§ 1194(2)(b)(3)); no privilege during that period is stated, and no waiting period for a conditional lic

“if any suspension occurring under this subparagraph has been in effect for a period of thirty days, the holder may be issued a conditional license, in accordance with section eleven hundred ninety-six of this article”

Conditions attached to the privilege

Apply in person at a DMV office after receiving the DMV eligibility notice (service 'Apply for a Restricted or Conditional License'); turn in the NYS photo license or the court's form MV-1192 Part I 'Continuation of Driving Privileges'; pay the $75 DMV fee at IDP enrollment and a $12.50 photo document fee, plus the IDP course fee (maximum $233) to the program at the first class. The conditional license and its MV-2020 attachment are issued upon enrollment; the course and any required assessment or treatment must then be completed or the license is revoked and the original suspension or revocation re-imposed. Interlock: the DMV's guide C-12 states a judge must order an ignition interlock device as a condition of probation or conditional discharge for the underlying conviction (VTL § 1193(1)(b)(ii) applies to § 1192(2), (2-a) and (3) convictions), so the device is a sentencing condition ra

“There is a $75 administrative fee that you must pay to DMV when enrolling in the IDP, and a $12.50 photo document fee, in addition to any other applicable licensing fees. There is a separate fee for the IDP course, which must be paid at the first class.”

Where and when it allows driving

Only: to and from the place of employment; during the hours of employment if the job requires driving; to and from a DMV office for conditional license or IDP business; to and from IDP classes or activities; to and from classes at an accredited school, college, university or state-approved vocational institution (not a high school); to and from court-ordered probation activities; during an assigned period of three consecutive hours between 5 am and 9 pm once a week; to and from a medical appointment that is part of necessary treatment for the holder or a household member (carry the practitioner's statement); and to and from a child's school or daycare when necessary to maintain employment or enrollment. The MV-2020 attachment lists the permitted uses; the license is not valid for CDL-required vehicles.

“If you receive a conditional license or conditional driving privilege, you may drive ONLY under the following circumstances: to and from your place of employment during the hours of employment if your job requires you to drive a motor vehicle to and from a Motor Vehicle office”

How it is issued

The licensing agency issues the Conditional License.

Official page: dmv.ny.gov

The statute: N.Y. Veh. & Traf. Law § 1196(7) (conditional license); § 1193(2)(e)(7) (suspension pending prosecution; hardship privile

“The commissioner shall require applicants for a conditional license to pay a fee of seventy-five dollars for processing costs.”