What Happens to my License after a DWI Charge?

If you’re charged with a DWI in New York, your charges often result in a suspended or revoked license. More severe DWI charges lead to longer license suspension times and more hurdles to get it back. However, you’re allowed to continue driving until your arraignment, your first court appearance. 

Conditional and hardship licenses can be given to you, allowing you to drive to certain places like work and school. However, these temporary allowances depend on your charges and how the court decides to handle your case.

After your arrest for a DWI charge in New York, your driver’s license is valid until your first court appearance (called an arraignment). Depending on the charges you are facing, and where you have been arrested, it may be only a few hours before you are arraigned, or it may take weeks. 

The details of your case determine what happens to your license after your first court appearance. In most cases, it will be suspended for at least six months, among other penalties. 

However, if you refused to provide any sample to police to determine your blood alcohol content (and charged with a DWI common law), your driver’s license will be revoked for 15 days following your arraignment. After 15 days, your full driver’s license will be reinstated until a virtual refusal hearing is held by the New York State Department of Motor Vehicles. If you lose that refusal hearing, your driver’s license will be revoked for one year. This year revocation will remain in place regardless of whether you are ever convicted of DWI or DWAI. 

If you are charged with DWI Per Se, your driver’s license will be suspended pending prosecution following arraignment if the court has a certified breath record showing a blood alcohol content of .08% or greater. 

Some attorneys request a Pringle hearing to challenge the accuracy of the blood alcohol content test. If your attorney requests a Pringle hearing, your full driver’s license will remain intact until such a hearing is held. 

In most cases, your attorney won’t request a Pringle hearing, Instead, they’ll request that the court grant you a hardship license, allowing you to drive to and from work, school, medical appointments, and court. After 30 days, a hardship license holder is eligible for a pre-conviction conditional license, which allows the holder more privileges including being able to drive the DMV, and a three hour window per week for unlimited driving privileges. This pre-conviction conditional license is valid until the case has been resolved. 

Not everyone can get hardship or conditional licenses. You aren’t eligible for a conditional license in New York after a second DWI conviction within the last five years or if you are facing your third DWI/DWAI within 25 years.

If you are convicted of DWAI or a DWI charge, the one year license revocation imposed by the DMV will be in addition to any term of license suspension or revocation imposed by the court as a result of your conviction. Depending on your case and how quickly you complete required arrangements, such as drug/alcohol treatment, your license can be suspended up to five years. 

If you are convicted of DWI Per Se, your pre-conviction conditional license expires when you receive your sentence. Your attorney may then request a 20 day stay, allowing you full driving privileges. After that, you will be eligible for a post-conviction conditional license, which carries the same driving privileges as the pre-conviction conditional license. The post-conviction conditional license will last for the duration of the revocation or suspension of your driver’s license by the court, or for however long it takes you to complete the Impaired Driver Program through the DMV, whichever is shorter. This means that even if your license is suspended or revoked by the court for an extended period of time, if you quickly complete the Impaired Driver Program through the DMV, your full driver’s license will be reinstated upon completion.

The Nave Law Firm can help you go through every detail of your stop if you’re facing a charge—why they pulled you over, how they tested you, and whether your rights were upheld. If there’s a weakness in their case, we can help you challenge it. If necessary, we’ll negotiate for what’s fair, keeping your license and record in mind. 

To get started, call our office in New York at (855) 349-NAVE or get a free, confidential consultation. It is important to hire an attorney who is experienced in handling DWI and DWAI cases in order to help guide you through the process, inform you of the options available to you, and obtain the best possible result in your case.

Can you drive after a DUI before a court date?

In the state of New York, your license is not suspended right away after you’re arrested for a DWI or DWAI. Your driver’s license is valid until your first court appearance (called an arraignment). Depending on the charges you are facing, and where you have been arrested, it may be only a few hours before you are arraigned, or it may take weeks.

Do you lose your license immediately after a DUI?

No, in the state of New York, your license is valid until your first court appearance (called an arraignment).   

Can I get a hardship license in New York after a DWI?

Your eligibility for a hardship or conditional license depends on your case and the conditions of your arrest. This allows you to drive to and from work, school, medical appointments, and court. 

After 30 days, a hardship license holder can be eligible for a pre-conviction conditional license, which allows the holder more privileges including being able to drive the DMV, and a three hour window per week for unlimited driving privileges until the case is resolved. 

It is important to hire an attorney who is experienced in handling DWI and DWAI cases in order to help guide you through the process, inform you of the options available to you, and obtain the best possible result in your case.

How to get a license back after a DWI in New York? 

The conditions to regain a suspended or revoked license depend on your charges. It often includes completing mandated substance abuse treatment following a court order for an assessment. 

What is a pringle hearing? 

Some attorneys request a Pringle hearing to challenge the accuracy of the blood alcohol content test. If your attorney requests a Pringle hearing, your full driver’s license will remain intact until such a hearing is held. However, most attorneys request a hardship license instead, allowing you to drive to and from work, school, medical appointments, and court.

The attorneys at the law firm of Nave Team Defense Attorneys are experienced in handling law cases. If you need a Criminal Defense lawyer who can help you obtain the best possible outcome in your case, call the law firm of Nave Team Defense Attorneys.

The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Call us 24 hours a day, 7 days a week, email or fill out the form to receive a confidential consultation. We are incredibly responsive and value any request. Nave Law is here to give you what you need: Help. Attorney Advertising.