NewsMay 30, 20240 comments

How to Reinstate a Suspended License in New York

Driving is not a right, but a privilege that you can forfeit if you don’t follow traffic laws.

If you’ve been convicted of a DWI or had your license suspended for another reason, you can ask a New York traffic defense lawyer or DWI attorney to help you reinstate your driving privileges.

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How Points Can Lead to a Suspension

The New York State Department of Motor Vehicles (DMV) keeps meticulous records of driving violations. Each violation receives a certain number of points. For example, if you’re caught speeding, you receive three points for exceeding the speed limit by 10 miles per hour or 11 points for zooming 40 miles per hour over the posted speed. If you collect 11 points from a traffic conviction within 18 months, you can get your license suspended.

Grounds for a Suspension or License Revocation

Various violations can lead to the suspension or even revocation of a license. For instance, a DWI (driving while under the influence) or DWAI (driving while ability impaired) can trigger a 90-day (for DWAI) to six-month suspension.

Other infractions that result in license suspensions include uninsured driving, reckless driving, hit-and-run, improper school bus passing, fleeing an enforcement officer, and having three speeding tickets within an 18-month period.

Securing a Conditional or Restricted License in New York

A restricted or conditional license can be a lifeline for those who might be eligible. It permits travel to and from the workplace or educational institutions, travel for childcare, travel for engaging with DMV proceedings, or travel for receiving medical care.

Those with suspensions due to drugs or alcohol can only apply for this restricted privilege upon enrollment in a state-sanctioned seven-week Impaired Driving Program (IDP).

You may be eligible for a conditional license or hardship license after a DWI/DWAI if you have not received these charges within the past five years, and you can show you do not have easy access to public transportation or can’t afford to take a taxi.

“Suspension Pending Prosecution”

Usually, you will lose your driving privileges once you’re charged with a DWI and the State shows a certified copy of a breathalyzer test over the legal limit of .08 percent. At this point, your license is designated as “suspension pending prosecution.”

“Pre-Conviction Conditional” License

If you had a driver’s license before a DWI offense, you may apply for a “pre-conviction conditional license” 30 days from your scheduled arraignment date. The conditional license allows you to use your car for daily responsibilities while the court resolves your DWI case.

“Post-Conviction Conditional” License

After you’re convicted, and if you haven’t had a prior DWI conviction on your record in the past five years, you’re allowed to apply for a “post-conviction conditional” license. Again, you can only get this license if you enroll in the DMV’s Impaired Driver Program, or IDP, a seven-week education program. You must complete the program to avoid revocation of the conditional license.

When You’re Not Eligible for a Conditional License

You cannot drive at all if your license is suspended after a DWI in the following instances:

You’ve been convicted of assault, criminal negligence, or homicide when driving.
Your eligibility for the IDP program involves a fatal accident conviction.
You have had more than one unrelated driver’s license suspension or revocation within the last three years.
You have a record of convictions or accidents or a mental or medical issue that makes you an immediate driving risk.

Consequences of Ignoring a Suspension

The importance of not driving with a suspended license cannot be overstated. It invites severe penalties, including incarceration, revocation, vehicle forfeiture, and fines reaching $5,000. Compliance is key – you must surrender your license to the DMV. Again, after a DWI/DWAI, your license is typically suspended for six months.

Working with a Traffic Lawyer or DWI Attorney

Hiring a traffic attorney or DWI lawyer can make it easier to reinstate your driving privileges after a license suspension. You must pay the required fees and fines and attend court-required programs and classes. Your lawyer can submit proof that you’ve met the court’s conditions while keeping you on track.

Reinstating Your Suspended License

Toward the end of your suspension term, look for a Notice of Restoration from the DMV. The notice outlines the steps you need to follow to settle your restoration fee online or at a DMV office.

After clearing the dues, wait three days to use the DMV website’s Photo ID Document Mailing Lookup feature. At that time, you can check on your reinstatement status. Any ambiguities should be addressed with the DMV.

What You Need to Do Step By Step to Get Your License Back

Below is a step-by-step guide for reinstating your driving privileges

Again, pay all the required fees and fines related to the suspension. You can do this online or by phone with the DMV office close to you. As noted, the payment will appear on the DMV website, if approved, within three business days.
Attend any applicable programs or classes you must complete upon suspension.
Provide copies of payment receipts and class certificates to prove that you met all the conditions the court established.
Complete any applicable requirements, such as alcohol education programs or installing an ignition interlock device (IID).
Check with your DMV office to ensure all the required paperwork has been submitted and received.
Submit a form for restoration of driving privileges with all the required documents attached and proof of financial responsibility in the form of a cash/bond deposit or liability insurance card.

When approved, you’ll receive notice within three business days that you can resume driving.

Maintaining a Pristine Driving History

Post-reinstatement vigilance is critical—another slip-up could cost you your license again. As a caveat, higher insurance premiums typically accompany a history of suspension. To better your record and curtail insurance costs, consider taking a defensive driving program, which can reduce insurance costs and improve your driving record.

Contact a New York Traffic Attorney or DWI Lawyer

The road to redemption after a license suspension requires diligence and a commitment to safer driving practices – it is the surest path to ensuring your driving privileges remain intact in New York. Also, make sure you consult with a criminal defense law firm in NY. With legal representation, you can look at the future more positively.