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The consequences of a conviction for driving while intoxicated in New York go beyond the fines, probation supervision or incarceration that judges may impose at sentencing. For many people facing drunk driving charges, the license suspension or revocation that are required under the law can be more than just an inconvenience. Being unable to drive can affect an individual’s home life and, depending upon the availability of public transportation, it can result in the loss of employment.

  • A conditional license allows eligible motorists to drive under limited conditions during the period in which their license revocation or suspension is in effect following a conviction for driving while intoxicated or for driving while ability-impaired. A person with a conditional license may drive to and from the following places.
  • Work or school, except high school, and during working hours if required as part of a person’s job;
  • An office of the Department of Motor Vehicles to transact business related to the conditional license or the Drinking Driver Program;
  • Drinking Driver Program classes;
  • Medical appointments for the motorist or a household member; and
  • Your child's school or daycare provided it is necessary for you to be able to go to work or to attend school

A conditional license following a drunk driving conviction requires that you participate in and complete the Drinking Driver Program authorized by the state.

If you are dropped from the program, or fail to successfully complete it, your conditional license will be revoked. The conditional license will also be revoked if you are convicted of DWI while driving with it.

A conviction for violating any of the conditions of the license or for any moving violation will result in a license revocation. Cellphone and seat belt violations are included in the traffic charges that will cause you to lose your license.

The laws pertaining to drunk driving are complex. This posting is intended as an overview of only one aspect of the DWI laws in New York. It is not offered as legal advice on the subject that it covers. Legal advice should only be sought from an attorney with knowledge of the state’s laws related to driving while intoxicated.

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