New York DWI – What is a Conditional License?

A conditional license is a restricted or limited driver’s license that will allow you to drive under limited circumstances. A conditional license will allow you to drive to and from work and during work hours if driving is a part of your employment. You will be able to drive to and from school, if you are enrolled in school. You can drive to medical appointments, to court and to and from day care for your children. You will also be permitted to select a three hour window on one day during the week for you to drive wherever you wish. The date and times for your three hour window are chosen by you when you apply for the conditional license at the DMV.

The other question is whether you are eligible for a conditional license. This can be a very complex situation and is determined based upon the particularities of your charges and your history.

Generally speaking, if you have been convicted of DWI or DWAI and, have not been convicted of any alcohol related driving offense and have not refused to take a breathalyzer within the last five years, you will be eligible to enroll in the Drinking Driver Program (DDP). With your enrollment in DDP, you will be granted a conditional license. But, if you have been convicted of an alcohol related driving offense or have been found to have refused to take a breath test within five years, you will not be eligible to take DDP and will not be able to obtain a conditional license.

There is one other way to obtain a conditional license and, that is when your license is suspended pending prosecution. When you are arraigned for a charge of DWI or DWAI, the court will suspend your driver’s license pending prosecution. Thirty days into the prosecution of your case, you will be eligible for a conditional license without having to take DDP if you have not been convicted of a alcohol related driving offense or a refusal within the previous five years.

Issues related to conditional licenses can be complicated and have many intricacies and, proceeding without an experienced DWI lawyer is ill advised.