On September 25, 2012, the Department of Motor Vehicles promulgated proposed regulations that dramatically increase the sanctions for drivers with repeat alcohol and/or drug related offenses on their driving record. These regulations impose long waiting periods, and even lifetime denial of relicensure, that are applied to applications for relicensure, and are in addition to any other revocation period that is imposed by statute, or by other regulation.
These regulations are not only applicable to people revoked for alcohol and drug related driving convictions. They are also applicable to people who are not, otherwise, revoked, but have been convicted of a high point driving violation. A highpoint driving violation is defined as bearing five or more points.
The regulations call for:
Lifetime Record Review by DMV:
DMV will be able to review the lifetime record of all drivers who apply to have a license reinstated after a revocation.
Truly Permanent License Revocation for Persistently Drunk & Dangerous Drivers:
After conducting a lifetime record review, DMV will deny any application for reinstatement of a license after revocation if the applicant has:
Five or more alcohol or drug related driving convictions in his or her lifetime
Three or more alcohol or drug related driving convictions in the last 25 years plus at least one other serious driving offense during that period. A serious driving offense includes: a fatal crash, a driving-related penal law conviction, an accumulation of 20 or more points assessed for driving violations within the last 25 years, or having two or more driving convictions each worth five points or higher.
Delayed Re-Licensing, Driving Restrictions, & Interlocks for Other Drivers with Repeated Alcohol- or Drug-Related Driving Convictions:
For those drivers seeking reinstatement of a license after revocation who have three or four alcohol or drug related convictions but no serious driving offense in the last 25 years, DMV will:
*Deny their applications for five years beyond their statutory revocation period if the applicant's license was revoked for an alcohol or drug related offense; or two additional years if the applicant's license was revoked for a reason other than an alcohol or drug related offense;
*Restore the applicant's license after that additional period as a "restricted" license limiting the applicant's driving to, for example, travel to and from work or medical visits; and
*For those drivers whose revocations stem from an alcohol-related offense, require an interlock on the vehicle driven by the applicant for five years.
It is important to note that their is a difference between a revocation and a suspension of one's license. That can make All the difference.
End the Reduction of Mandatory Suspension or Revocation Periods:
Currently, repeat drunk drivers whose licenses have been revoked or suspended for six months or a year can nevertheless get their full driving privileges back in as little as seven weeks by completing DMV's Drinking Driver Program. DMV's new regulations will ensure that those drivers cannot obtain their driving privileges until their full term of suspension or revocation has ended.
If you believe you may be at risk for denial of relicensure under these new DMV regulations, you may want to discuss your situation with a Queens DWI Lawyer, Luke Scardigno at 718 261-5151, or by email at [email protected]