On a first time New York DWI with a blood or breath test that reveals .08 BAC or more the Court must suspend Your privileges to drive pending the prosecution of your case. You can apply for hardship license privileges with these first time offenses.
Things get abit trickier with a 2nd DWI. Remember a 2nd DWI in 10 years within the state of New York will be enhanced to the Felony Level. It is a class E, punishable by up to 1 1/3 to 4 years in prison, 5 years of probation, etc.
Can You get a Hardship with a Felony DWI Pending in New York State?
Fast answer, it depends.
There are Three Instances Where You Will Not Get any License Privileges :
1. If it is a 2nd DWI within 5 years then NO hardship and NO conditional license privileges.
2. If any of the Penal crimes under sections 120 and 125 are also charged. These are usually where there are damages to people.
3. If the Judge is not knowledgeable (just doesn't know the law).
Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.
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