License Suspensions

Initial 30 day suspension for being charged with driving while intoxicated

Being charged with DWI in Suffolk County subjects a motorist to a number of different types of suspensions. Those charged with driving while intoxicated who have submitted to a breath test or a chemical test, the law requires the court initially suspend the license for 30 days. This is usually takes place at the first court appearance / arraignment. A motorist may however be eligible for a hardship license permitting restricted use of a license to drive to and from work, school, and medical appointments on specific days during specific times. To obtain a hardship license, the court must first conduct a hearing and find that it would be a hardship for the motorist not to be granted a hardship license. After 30 days a motorist may reapply for his license at DMV. The motorist may reapply regardless of whether or not a hardship license was previously providing the license is not suspended for some other reason. 

Suspension pending prosecution

Suffolk County courts will often suspend a motorist’s driver’s license pending the resolution of the case. This type of suspension is called a suspension pending prosecution or a 510.2B suspension. The suspension is issued pursuant to section 510.2B of the New York State Vehicle and Traffic Law. This type of suspension is a problem as it leaves the motorist without a license until the case is resolved, and places pressure on those charged with DWI to resolve their case quickly in order to have their driving privileges restored. A suspension pending prosecution may be detrimental to a motorist charged with driving while intoxicated because it often forces a quick resolution, when it may be better to aggressively defend the case and receive a better resolution down the line. As a Suffolk County DWI Lawyer, I am often able to prevent this type of suspension from being imposed. In cases where I am hired after the suspension has been ordered, I can argue on your behalf to have the suspension lifted.

Suspension for refusing to take a breath test or chemical test

Another suspension imposed by the courts and DMV is where it is alleged that a motorist refused to submit to a breath test or chemical test.  Here the law requires that the court suspend the motorist license at the arraignment subject to a refusal hearing conducted by the DMV. If it is found that there was a refusal to submit to the breath test or chemical test, DMV will suspend the operator’s license for a minimum of 6 months. 

Post-conviction alcohol related offense suspensions and revocations

Upon conviction for driving while ability impaired due to alcohol, the court, carries a minimum of 90 day suspension.

Upon conviction for driving while intoxicated a court must suspend a driver’s license for a minimum of 6 months. 

Upon conviction for felony, aggravated driving while intoxicated, driving while impaired due to drugs, or driving while impaired due to a combination of drugs and alcohol, the court is required to impose a minimum 1 year license revocation.