Under the New York State DWI laws there are several types of driver's license suspensions that a court and/or DMV can impose. The top DWI lawyers will be able to discuss the fine differences in each of the DWI suspension laws. In this DWI blog we address the "Prompt Suspension Law" that a motorist can face sometimes even prior to talking to a DWI lawyer. Usually in counties such as Westchester, Orange, Rockland, Putnam and Dutchess a motorist will be brought before a judge without the benefit of an attorney since most of the courts in those counties are part time. The Prompt Suspension Law is the first DWI suspension a motorist may face.
The DWI Prompt Suspension Law falls under VTL 1193(2)(e)(7) and applies to an accused who is charged with DWI and who is alleged to have a blood alcohol content (BAC) of more than .08% at the time of the arrest. At this point the Court will suspend the motorist's license during the pendency of the case if certain requirement under Pringle v Wolf, 88 NY 2d 426 are met.
The second DWI Prompt Suspenion Law under VTL 1193(2)(e)(1) applies where a motorist is charged with DWI, Aggravated DWI, DWAI drugs or a combined charge and who either has been convicted of a prior DWI VTL 1192 in the past five years or is charged with vehicular assault or vehicular homicide in connection with the DWI arrest.
Lastly, the DWI law under VTL 1194(2)(b)(3) applies to a motorist who is charged with a DWI under VTL 1192 and who has refused to submit to a chemical test.
Prior to the enactment of these laws the prosecutor would seek to suspend a motorists license under VTL 510(3-a) but since these new DWI laws for the prompt license suspension have been enacted it should be argued that the prosecution can not use VTL 510 to suspend a driver's license to get around the above requirements.
Since most people rely on their driver's license for work, school and/or medical appointments it is very important to discuss the prompt suspension law with a DWI attorney. The best DWI defense will hold the prosecution to their burden or proof to protect the motorists license.