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When Will I Get My Driver’s License Back After a DWI?

Penalties for both DWI and DWAIs include license suspensions, which can be one of the longer-lasting consequences. Given how integral driving is to our daily lives, suspensions can also be particularly burdensome. Some only last a few months, but in some severe circumstances, license suspensions can last years. If you’ve been charged with a DWAI or a DWI, or if you’re trying to put a DWAI or a DWI behind you and move on with your goals, you may want to learn more about these charges and how long penalties like driver’s license suspension can last under different circumstances. This blog post will address those issues, so please read carefully. Although DWAI and DWI penalties can be heavy, know that a hard-fighting, experienced New City DWI defense attorney is here to help.

How long until I get my driver’s license back after a DWI in NYS?

Driving While Ability Impaired, or DWAI, refers to three different charges in New York state: Driving While Ability Impaired by Alcohol, Driving While Ability Impaired by a Single Drug Other Than Alcohol, and Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol.

The New York Department of Motor Vehicles indicates that you may be charged with a DWAI of any type if your blood alcohol content is more than 0.05 but less than 0.07. The law does permit enforcement with some leeway, and if an officer finds some other proof of impairment, you may still be guilty.

Suspension lengths for DWAI charges are:

  • A first DWAI will be considered a traffic infraction. It may be punished with a 90-day license suspension.
  • However, a first DWAI with drugs qualifies as a misdemeanor and may be punished with a six-month license suspension.
  • A second DWAI within five years or a third DWAI within 10 years are also misdemeanors, to be penalized with a six-month license suspension.

By comparison, DWI refers to Driving While Intoxicated. When you are driving your personal car and your blood alcohol content is above 0.08, you may be charged with a DWI. If you’re driving a commercial vehicle, however, 0.04 is enough for a DWI.

DWI cases that wrap up in a guilty plea, a plea deal, or a jury conviction can have varying license suspension lengths. It will depend on the defendant’s prior convictions for DWIs.

  • An out-of-state DWI may be punished with a 90-day suspension.
  • A first DWI is penalized with a six-month suspension, as a first aggravated DWI. An aggravated DWI means blood alcohol content over 0.18%.
  • A second DWI is subject to a one-year license revocation, and a second aggravated DWI is then subject to an 18-month revocation.
  • Finally, a third DWI can be punished with a one-year revocation. A defendant found guilty of a third aggravated DWI faces a seven-year revocation
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