If a motorist loses their driver’s license due to a driving while intoxicated (DWI) conviction, they could still be eligible for an operational driving license. This license permits individuals to operate a vehicle under certain restrictions while they are serving a driver’s license suspension, but to keep this privilege, it is necessary for drivers to follow the conditions of these licenses. Find out how to obtain and keep an occupational driver license after a DWI, and consider discussing any DWI-related legal concerns with a knowledgeable New York criminal law attorney; call The Law Office Of Benjamin Greenwald at (845) 567-4820 to schedule a consultation.
What Is an Occupational Driver License?
An occupational driving license is a type of driver’s license that permits individuals to drive non-commercial vehicles under certain restrictions following an offense. New York State refers to these licenses as conditional licenses when it relates to license revocations/suspensions as a result of a drug- or alcohol-related violation. According to the Department of Motor Vehicles (DMV) of New York State, these licenses do not permit motorists to drive commercial vehicles, and the limitations and reasons for revoking these licenses are similar to equivalent licenses issued by other states.
Understanding New York DWI Charges
Per the New York Courts, driving while intoxicated (DWI) refers to an offense where the motorist has ingested alcohol or another substance, which has impaired their driving ability; this offense exists since alcohol and drugs can impact a person’s coordination and judgment, affecting their ability to drive a vehicle safely. The penalties for this offense range from license suspensions/revocations to potential jail time and fines.
In New York, there are various DWI-related offenses, including driving while ability impaired (DWAI) by alcohol, covering instances where an individual’s BAC is below the legal limit while still experiencing impaired driving ability, driving while intoxicated (with a blood alcohol concentration (BAC) level of 0.08% or greater), DWAI by substances other than alcohol, and the refusal to take a chemical test. For drivers aged under 21, New York takes a zero-tolerance approach to motorists caught with any amount of alcohol in their system. Anyone charged with driving under the influence or refusing to submit to a chemical test (for example, a breathalyzer) can expect an automatic driver’s license suspension, but these individuals could be eligible for a restricted license enabling them to operate a vehicle for work, medical, or school purposes.
What Are the Rules for an Occupational License?
To obtain an occupational license, a driver has to attend a DMV-approved impaired driver program (IDP). After program enrollment, the motorist may petition for one of these licenses and must finish the program, attend required medical assessments, and agree to take necessary treatments. If a motorist receives an occupational license, they may only drive in the following scenarios:
- Traveling to and from the workplace
- During employment hours provided their role involves driving duties
- Traveling to and from a DMV office regarding the occupational license
- Traveling to and from an authorized IDP activity or class
- Traveling to and from an educational institution, including an accredited school (but not high school), college, or technical/vocational training provider to participate in classes
- Traveling to and from court-ordered probation activities
- Traveling to and from necessary medical appointments for the license holder or a household member (obtaining a statement in advance from a medical practitioner is a requirement)
- Traveling to and from a child’s daycare or school, but only if attendance at this institution is vital for the license holder to fulfill their education or employment obligations
- During a fixed, once-a-week, three-hour period between 5 am and 9 pm
Learn everything to know about an occupational driver license after a DWI conviction, and find out how The Law Office Of Benjamin Greenwald can help individuals looking to obtain this license. Contact our firm today to discuss your case with a seasoned New York criminal law attorney.
Conditional License Revocation
After securing a conditional license, motorists may find the DMV revokes it if they perform certain actions. Below is an explanation of how drivers can lose these licenses:
- Committing another moving violation: If an individual receives a moving violation conviction, such as one related to seat belts, child safety, cell phones, or other relevant infractions, they are likely to lose their conditional license. In this scenario, drivers can continue the IDP but cannot drive in the meantime; motorists aged under 21 who experience a conditional license revocation cannot re-obtain their license after finishing the IDP for one year.
- Committing a subsequent drug- or alcohol-related violation: A motorist who commits a subsequent offense involving drugs/alcohol, or any other violation typically resulting in an automatic license suspension/revocation can expect to lose their conditional license. These drivers can continue the IDP but cannot drive a vehicle, and they do not automatically regain their driving privileges after finishing the program; instead, the motorist must finish the IDP in addition to serving the stipulated revocation period.
- Failing the IDP: If the driver fails any program requirements, including not participating in medical assessments or treatment sessions, they lose their occupational license and have to serve their original license revocation/suspension period; importantly, it is possible to rejoin the program provided the program director approves this.
How Fast Can I Get an Occupational License?
In New York, those facing a DWI charge can apply for a pre-conviction conditional license 30 days after their initial court appearance and pay the required $75 fee; however, if the individual previously had an occupational license in the last five years, they are unlikely to be eligible. Following sentencing, visiting the DMV is necessary to change the license to a post-revocation one, providing the same driving privileges as the pre-conviction license, which lasts until the suspension or revocation period ends.
Schedule a Consultation With an Experienced New York Criminal Law Attorney Today
A license suspension following a DWI can negatively impact a person’s life, but one option available to people who experience this concerns retaining a limited amount of driving privileges in the form of an occupational driving license. Individuals who have experienced a license suspension, or are awaiting a license revocation hearing, may want to consider speaking to a lawyer to obtain assistance with applying for an occupational license. To understand more about an occupational driver license and license suspensions in general, arrange an initial consultation with an experienced New York criminal law attorney today by calling The Law Office Of Benjamin Greenwald at (845) 567-4820.
