You have often heard that driving is a privilege, not a right. This means that the government has the authority to regulate and control who is allowed to drive and under what conditions.
It is why most people arrested for driving while intoxicated (DWI) are often worried about losing their driver’s license. DWI offenses in New York carry administrative and legal penalties that can impact your driving privileges. Here is what you need to know.
New York’s implied consent laws
You can face license suspension for up to one year for refusing a chemical test during the traffic stop, regardless of whether you are charged with DWI. This is due to New York’s implied consent law which states that drivers on public roads have already agreed to consent to chemical testing if a law enforcement officer requests it during a traffic stop.
A conviction will result in a license suspension
If you are convicted of a first DWI, the law provides for a six-month license suspension, although the period may extend to one year if your offense involves an aggravated DWI. The duration of the license suspension can vary depending on the specific circumstances of your case, such as your blood-alcohol content (BAC) level at the time of the arrest, any prior DUI convictions and the presence of aggravating factors.
It is worth noting that you may be eligible for a conditional driving license that allows you to drive in limited situations. Again, it depends on the particulars of your case.
Seek the necessary help
It is advisable to have proper guidance to navigate the complex legal process and understand the potential impact of a DWI. Adequate legal representation through DWI proceedings can help protect your rights and work towards the best possible outcome, including minimizing the impact on your driving privileges.