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Revoked Licenses for Repeat Alcohol and Drug Related Offenses in New York and New Jersey
Driving under the influence of drugs or alcohol can lead to fatalities. Therefore, if you receive a DWI charge, you may sober up pretty fast when you make this realization. If you receive multiple DWI convictions, the court may determine that you’re not fit to drive.
Needless to say, if you’re facing another DWI or DUI charge, you need to talk to a DWI/DUI defense lawyer. An attorney can recommend the best course of action if you have been arrested again for driving while under the influence. Sometimes, they can help you beat the charge if there was a procedural error during the arrest.
Given that about 300 people are killed in New York City in alcohol-related car accidents each year, the law does not take repeated alcohol or drug-related offenses lightly. Moreover, out of that number, about one-third of the incidents involve a driver who has had three prior DWI arrests and convictions.
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How a Revoked License Can Affect You
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Wherever you live or work, a revoked license can make life difficult. For instance, if you receive a DMV notice in New York that your license or driving privileges have been revoked, your driver’s license is canceled. Therefore, you can’t drive until the revocation period ends.
While you can get a conditional license to drive in New York after a DWI arrest, you don’t have this advantage, for example, in New Jersey. You can’t operate a vehicle until your suspension or revocation period ends.
A revoked license can impact your ability to do daily tasks, such as grocery shopping, getting to and from work, or how you relate to others. If you can’t drive, you can face difficulties in other areas of your life.
Some people experience depression or an extra stain on their personal relationships. That’s why you should always seek legal guidance when you are facing an alcohol or drug-related driving offense and conviction.
The Difference Between a Revocation and Suspension
Technically, a license suspension temporarily removes driving privileges, while a revocation is considered more permanent. In either case, you must petition the court to regain your driving privileges. It’s just more difficult after a revocation. Naturally, the steps you need to take depend on your jurisdiction. So, it’s best to talk to a DWI attorney to determine how to proceed.
How Long Will You Have to Wait to Drive Again?
Your revocation period may span six months to a year, with penalties ranging from $500 to $10,000. You may also have to spend from one to seven years in jail. It just depends on how many times you’ve been arrested and convicted for driving in an inebriated state. Your frequency of arrest and convictions are also considered.
For example, a DWI or DWAI-drug (driving while ability impaired) violation in New York is an E felony that applies to a second conviction that happens within a 10-year period. A third DWI/DWAI-drug violation within ten years is a D felony.
Getting Your License Revoked for Life
You may lose your driving privileges forever if you have too many violations within 10 years. Therefore, a DWI attorney can offer helpful advice and guidance if you face this situation.
Besides DUI/DWI offenses, reckless driving or aggravating factors can lead to a lifetime revocation of a person’s driving privileges.
Examples of Reckless Driving
![Person honking car horn](https://cohenbernstein.com/wp-content/uploads/2024/06/Getting-Your-License-Revoked-for-Life.jpg)
Driving dangerously or recklessly is the fastest way to receive a lifetime suspension. In addition to violations that involve DUI or DWI, other offenses, such as vehicular assault, reckless driving, involuntary manslaughter, and aggravated vehicular homicide, can banish your right to drive.
Aggravating Factors in Driving Crimes
If you’re convicted of a driving crime with an aggravating factor, it elevates the degree of the charged crime, which may also lead to a permanent driver’s license revocation. Aggravating factors may include the following:
- Driving while discharging a firearm or using a weapon
- Driving while under the influence of a controlled substance, illegal drug, and/or alcohol
- Driving with an invalid license, if your license is revoked, suspended, or forged
- Driving recklessly with a criminal history that already contains the same or similar driving crimes
- Speeding or driving to escape law enforcement
Habitual DUI/DWI Convictions – Repeat Offenders
In the cases of habitual offenses for DUI or DWI, repeat offenders increase their odds of completely losing their right to drive. For example, if you’re convicted of DWI/DUI three or four times, you’re more likely to forfeit your privilege to drive.
Examples of Crack-Downs for Alcohol and Drug-Related Arrests and Convictions
![Man refusing drink while driving](https://cohenbernstein.com/wp-content/uploads/2024/06/Examples-of-Crack-Downs-for-Alcohol-and-Drug-Related-Arrests-and-Convictions.jpg)
Suspending or revoking a driver’s license is a mandatory penalty in many U.S. states for driving under the influence. While all states have tough punishments for drivers who drive after drinking or taking drugs, some states have cracked down on the problem.
For instance, both New York and New Jersey have some of the toughest traffic and drunk driving laws in the U.S.
New Jersey Laws for Driver’s License Suspension for DUID and Other Drug Charges
In New Jersey, for example, you can get your license suspended if you get convicted of driving under the influence of drugs, which is a DUID, or if you’re found in possession or under the influence of a controlled dangerous substance (CDS) while driving.
This can also apply if you were not driving at the time. If you receive a third conviction for DUID or driving while under the influence of alcohol, you can receive a license suspension for up to 10 years.
Denials for Reinstatements in New York
In New York, the DMV has reviewed thousands of applications for driver’s license reinstatements for drivers with multiple alcohol and drug-related driving offenses.
According to reports, about 1,500 applications were denied re-licensing if they had five or more alcohol—or drug-related convictions. Some applicants, who had three or four convictions for driving while under the influence within a period of 25 years, were also denied if they had a serious driving violation. These violations included reckless driving or a fatal crash.
Learn More About Your Rights Today: Contact a DWI Lawyer
If you’re charged with a drug or alcohol-related offense, you can face more than just a bad driving record. The law is cracking down on multiple offenses. That’s why you must consult a criminal defense attorney in New York & New Jersey to understand your rights and what you can do about a license revocation. Only with an attorney’s help will you realize a more positive outcome.
Lindsay Bernstein
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