Saturday, February 11, 2017

Ithaca DWI Lawyer: Do YOU Have a History of Drug or Alcohol Abuse According to the NYS DMV?

It's funny to me that Pluto is no longer a planet. Sometimes things or even the definition of things changes. It is a bit disconcerting to think I spent my whole childhood looking at a map of the planets and now all of it is suspect. What's next? Well I can tell you what's next. . . the New York State Department of Motor Vehicles has expanded the definition of the word "history." There is a new look back period of years to diagnose a history of alcohol and/or drug abuse.

The NYS DMV has Now Decided that those with Two DWI/OUI/DUI/OWI in 25 years are Abusers

In 2012 NYS DMV has new regulations imposed by the governor to crack down on long time DWI offenders. These administrative rules were to some harsh and they are still reverberating within the state of NY and it's residents.

Anyone with two DWI or ADWI or DWAI drugs or DWAI alcohol convictions will now be labeled as a person with a history of alcohol or drug abuse if they occurred within the last TWENTY FIVE YEARS. It used to be 10 years. Now the look back is upped to 25 years. That is a big span of time in my opinion. Maybe not the best span to get such a label with such varying degrees of the above infractions.

§ 55:8 DMV's definition of "history of abuse of alcohol or drugs" now utilizes 25-year look-back period
Prior to September 25, 2012, DMV defined "history of abuse of alcohol or drugs" as:
A history of abuse of alcohol or drugs shall consist of a record of [2] or more incidents, within a 10 year period (old law pre-2012), of operating a motor vehicle while under the influence of alcoholic beverages and/or drugs or of refusing to submit to a chemical test not arising out of the same incident, whether such incident was committed within or outside of this state.
15 NYCRR former § 136.1(b)(3) (emphasis added).

Pursuant to the new regulations, the NEW and Improved look-back period in 15 NYCRR § 136.1(b)(3) is now 25 years.