Legal Practice Areas
- Appellate Law
- Article 78 Proceedings
- Criminal Law
- Traffic Tickets (VTL)
|Glossory of DWI Terms|
The following is a glossory of concepts and terms that arise in the realm of DWI and DWAI proceedings.
Conditional Driver's License: A conditional driver's license can be granted in certain circumstances as part of a DWAI or DWI conviction. A conditional driver's license allows you to drive only in limited circumstances:
Drinking Driver Program (DDP): this program is administered in conjunction with and made a part of your receipt of a conditional driver's license. DDP consists of seven weekly sessions (2-3 hours each for a total of 16 hours).
Revocation: Unlike a suspension, a revocation of your license does not automatically end upon the expiration of a fixed time period. Rather than a maximum period, revocations are for a minimum period of time. You will not become re-licensed until you reapply for your license to the DMV and provide proof to the DMV that you have completed all required treatment. You should know that the DMV still retains the right to reject your application (usually if you have excessive negative units on your license).
Suspension Pending Prosecution: Upon being charged with DWI, there are instances where the court will suspend your driver's license while the prosecution of your case proceeds. This will usually occur at your arraignment (first appearance). There are procedural devices that can minimize the effect of a suspension pending prosecution. You are also entitled to a Pringle hearing which provides for a pre-suspension hearing to satisfy your right to due process.
Suspension: A suspension of your driver's license will end automatically upon the payment of your suspension termination fee at the end of your suspension period. During this time, you are nevertheless precluded from driving a motor vehicle, unless you have a conditional license.
Twenty Day Order: Since there is a delay between the time you are convicted in court of DWAI or DWI and the time it is received by the DMV, the court will physically take your driver's license. If you are going to receive a conditional license, the court will often times provide you with a 20-day order that will allow you to continue driving until DMV has had an opportunity to process your paperwork.
Victim Impact Panel: These programs consist of presentations made by individuals whom have lost friends, family members and loved ones as a result of an alcohol-related, motor vehicle fatality.