Can I keep my license after a DWI in New York?

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Question:

Can I keep my license after a DWI in New York?

Answer:

A New York DWI will almost certainly cost you your license; but of course it will depend on the circumstances surrounding the DWI.  Ordinarily your license could be revoked for at least 6 months for the first offense; at least a year for the second and third offense.  Additionally, if you refuse to take the chemical test by the officer, you will lose the license for one year.  You may also face suspension while you are awaiting trial.

It is possible to be granted a hardship license if the court finds that there is no alternate transportation to your employment, school or other necessary activities.  This license is very restrictive without even the leeway to run to the store.  In addition, you may be able to get a conditional license if you participate in the NY State Drinking Driver Program.  You will not be eligible for either if this offense is not your first. 

There are some defenses that you can use to fight a DWI in New York.  Perhaps the police did not make the stop or arrest legally.  If you are stopped say nothing and make a choice to either take a roadside test or one at the police station – understand that a refusal may adversely affect your license. 

If you are arrested, contact an attorney as soon as possible as the DWI can be very costly in fines, loss of driving privileges, fees, and even incarceration.  An experienced attorney will be able to ensure you achieve the best, and hopefully keep your license.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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