Saturday, January 21, 2017

Ithaca DWI Lawyer: Can You Get a Conditional Driver's License After a Refusal?

This Puppy is ready to get a
 Conditional License 
This topic of New York DWI chemical test refusals and conditional licenses has been pounded online, and in so many forums. Even with all the writing and blogging people are left wondering, what's the answer? You refused a test, so that part is over BUT can you get a conditional license for work, school, and medical purposes in New York State?

The Trip Wire, The Threshold, The Special Sauce to Get a Conditional Driver's License After a NY Refusal is a Conviction of Guilt or a Plea of Guilt to Either DWAI or DWI

Yes, You heard it here first, Plain and Simple YOU Gotta Be GUILTY!! to get a conditional license AFTER refusing a chemical test of your blood or breath.

You must first be convicted or plead guilty (same thing) to either a Common Law DWI VTL 1192 (3) or DWAI (driving while your ability was impaired) VTL 1192 (1) to be able to get a Conditional Driver's License in New York State. It is in the DMV rules and regulations, it forces most people to plea their case or get their attorneys to move their case along to a favorable plea.

Sometimes moving to a suppression hearing forces a plea offer and deal to a DWAI. DWAI is the lower level violation (non-criminal), and is generally the win on a DWI refusal case. If there is NO plea deal and no guilty plea to either a DWI or a DWAI then there is NO conditional driver's license or any driving privileges.

NOT Guilty to DWAI or DWI with a Refusal Case Means NO Conditional Driver's License

In fact, if you are are found NOT guilty of the DWI or even NOT guilty of DWAI then you will be without any driving privileges for ONE FULL YEAR. Because the DMV predicates getting a conditional license on having a plea of guilty or a finding of guilt after trial to one of the section VTL 1192 offenses. This means either DWAI or DWI common law.

Remember that just THE Refusal carries a separate civil administrative penalty of fines and loss of license aside from the criminal case for DWI.