Drivers With Multiple Drunk And/Or Drugged Convictions Subject To Special Rules

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The DMV cracked down on recidivist drunk and drugged drivers.  Specifically, as of September 25, 2012, drivers in New York with multiple alcohol/drugged-driving related convictions or incidents are subject to some severe driving restrictions including permeant loss of privileges to drive a car!  Below is the list of restrictions:

  1. Applicants with two or more alcohol/drugged-driving related convictions or incidents within the preceding 25 years will be required to serve their entire sanction period (suspension or revocation) even if they complete the Drinking Driver Program (DDP) and will be required to submit prove of rehabilitation.
  2. Applicants with three or four alcohol/drugged-driving related convictions or incidents within a 25 year period, without a serious driving offense and whose revocation does NOT result from an alcohol or drugged driving conviction or incident, will be denied re-licensing for two years in addition to the statutory revocation period, and then will be re-licensed with a “problem driver restriction” for two years.  A serious driving offense is a fatal accident, a driving-related penal law conviction, conviction of two or more violations for which five or more points are assessed, or 20 or more points from any violations.
  3. Applicants with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years, without a serious driving offense and whose revocation DOES result from an alcohol or drugged driving conviction or incident, will be denied re-licensing for five years in addition to the statutory revocation period, and then will be re-licensed with a problem driver restriction for 5 years with an ignition interlock.
  4. Applicants with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years, with a serious driving offense will be permanently denied a driver license, unless there are compelling or extenuating circumstances.
  5. Applicants with five or more alcohol/drugged-driving related convictions or incidents on their lifetime driving record will be permanently denied a driver license, unless there are compelling or extenuating circumstances.

The first restriction — for drivers with two or more alcohol/drugged-driving related convictions or incidents within the preceding 25 years — is the most likely like to occur for some drivers and effectively lengthens the loss of license associated with a second conviction.

Of note for drivers with 3 or 4 alcohol/drugged-driving related convictions or incidents within the preceding 25 years, these drivers will face severe restrictions for being convicted to two or more traffic violations for which five or more points are assessed (i.e., illegal cell phone use, illegal electronic device use, speeding 21+, illegally passing a school bus or reckless driving tickets), or accumulate 20 or more points from any violations.  Therefore, these drivers should pay extra attention to avoid getting any moving violation and, if they do, should always fight them.

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