CRIMINAL DEFENSE • DISCIPLINARY INVESTIGATIONS & HEARINGS

Understanding driver’s license suspension and revocation

Posted December 26, 2014

The suspension of revocation of a driver’s license is a significant penalty for most individuals. Additional penalties, which are also serious in nature and may include criminal and administrative penalties, are possible for an individual accused of driving under the influence. In New York state there are a range of drunk driving offenses and a range of accompanying penalties, including driver’s license suspension and revocation, which are possible.

A conviction for Driving While Intoxicated carries a six-month revocation of the driver’s license. An aggravated DWI conviction carries a one-year revocation of the driver’s license. In addition, Driving While Ability Impaired offenses for either alcohol or drugs carry varying license suspension penalties. Multiple DWAI offenses within a certain number of years carries driver’s license revocation penalties. Vehicular assault and homicide charges may also lead to a license revocation penalty.

Penalties, including fines and incarceration, can be even more severe if an individual with a license that has been revoked drives during the period of suspension or revocation. In general, license suspension provides for a return of the license, however, license revocation requires the party to re-apply for a driver’s license.

It is important to understand that the process of protecting the future of an individual facing DWI charges includes understanding how to respond to both the criminal penalties and the administrative penalties the accused individual may be facing. A criminal defense response to DWI charges includes the objective of protecting the individual’s future by responding effectively to driver’s license hearings and proceedings and challenging the criminal charges the accused party is facing to avoid harsh penalties. Criminal defense challenges to a breath test, blood test, or field sobriety test may be possible.

It is important to keep in mind that the circumstances of each DWI are unique. Because of this, understanding the complexity of criminal defense options and possibilities can be beneficial when facing drunk driving charges.

Source: NYSDMV, “A Guide to Suspension and Revocation of Driving Privileges in New York State,” Accessed Dec. 23, 2014

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