Your Driver's License
Suspension Pending Prosecution
At your arraignment for DWI, the Court will suspend your license
or privilege to drive in New York State pending prosecution for
the charges, if there is evidence you were driving with a blood
alcohol content (BAC) of .08% or higher. You are eligible to apply
for a Conditional License after 30 days of Suspension Pending Prosecution.
Under certain circumstances the Judge may suspend your license
or driving privileges as a matter of discretion pursuant to New
York State Vehicle and Traffic Law Section 510.3. In this case,
you are not eligible for a conditional license.
Where a driver’s BAC is .08% or greater, the arraigning
court may grant a hardship hearing based upon the application of
the defendant if the suspension would result in “extreme hardship”
to the individual. The statute, VTL 1193, states that “extreme
hardship” is the inability to obtain alternate means of travel
to or from the licensee’s employment, or to or from necessary
medical treatment for the licensee or member of the licensee’s
household, or if the licensee is a matriculating student enrolled
in an accredited school, college, or university travel to or from
such licensee’s school, college or university if such travel
is necessary for the completion of the educational degree or certificate.
The burden of proving extreme hardship falls upon the licensee
and may not be based on the testimony of the licensee alone. As
a result, you must bring in some other type of evidence. Generally
this evidence can be a bus schedule, train schedule, fares from
a local taxi company, letter from an employer, work schedule, testimony
of a friend, co-worker or relative.
If the Judge grants a hardship license, the motorist will only
be permitted to operate a motor vehicle for travel to or from employment,
necessary doctor’s appointments or school. The locations and
addresses of permitted driving will be specifically listed on the
hardship license. However, you may not operate a motor vehicle during
work, only to and from the job site.
The DMV can issue a conditional license to a driver who qualifies
and who has a NYS license that is suspended or revoked because of
an alcohol or drug-related violation. The driver must attend a Drinking
Driver Program (DDP) approved by the DMV. If you qualify, the DMV
sends instructions about how to enroll in the DDP with your suspension
or revocation notice. The DMV decides if you qualify under the law
and notifies you. You cannot qualify for a conditional license if:
- the judge who convicted you does not allow you to attend a
DDP or receive a conditional license, or
- you do not have a valid NYS license or a NYS license that can
be renewed, or
- you attended a Drinking Driver Program during the last five
- you had another alcohol or drug-related violation during the
last five years.
If you have a driver license issued in another state, and you
meet the other requirements, you can receive a conditional driving
privilege or a restricted driving privilege to drive in NYS. The
conditions or the restrictions are the same as the conditions or
restrictions for a driver with a NYS driver license.
If you receive a conditional license, it is valid to drive only:
- to and from work, and during work if driving is part of your
- to and from a class at an accredited school or college.
- to transport your child to and from a child care facility or
school when necessary to maintain your employment.
- to and from DDP classes and any required evaluation or treatment.
- to and from a state or county motor vehicle office for business
related to your conditional license
- to and from court-ordered probation activities.
- to and from medical examinations or treatment for you or a
member of your family, as certified in writing by a physician.
- during the three-hour weekly period listed on your conditional
The cost for a conditional license is $75. If you were issued a
pre-conviction conditional license, there is no additional fee.
If you or a loved one is in need of legal assistance, call DerGarabedian, Nathan, Marino & Rodriguez at (516) 766-1619 or schedule
a consultation and review. The initial
consultation is free of charge.