Driver's License Issues
Charged for DWI in Westchester County? We Can Fight for Your Driving Privileges!
If you are facing DWI charges in Westchester County, your driver's license may be in jeopardy. Remember that without a license, you cannot drive anywhere. This includes work, school, appointments and errands, for example. If your livelihood depends on a commercial driver's license (CDL), you may lose your job as a result of a suspended or revoked driver’s license.
Don’t let this happen to you. You deserve better.
The Westchester County DWI defense lawyers at Proto, Sachs & Brown, LLP are dedicated to aggressively fighting for your driving privileges to help you maintain your livelihood and peace of mind. Our firm provides comprehensive legal counsel to help you gain a complete understanding of how a DWI or DWAI charge and conviction may affect your driver’s license.
Whether you need your driver's license to drive to and from work or are a truck driver who depends on your commercial driver's license (CDL) to keep your job, contact our office at (914) 840-5104 to discuss how we can help.
Mandatory Suspensions for DWI and DWAI Convictions
If you had a BAC (blood alcohol content) of .08 or higher or refused to take a breathalyzer test, the judge will most likely suspend your driving privileges until your case is resolved. Depending on the nature of the charge, A DWI or Driving While Ability Impaired (DWAI) conviction may result in a mandatory suspension or revocation of your driving privileges for up to 18 months.
- Misdemeanor DWI with a .08% BAC: 6-month revocation
- Felony DWI with a .08% BAC: 1-year revocation
- DWI with a .18% BAC or higher: 1-year revocation
- DWAI: 90-day suspension
- DWAI-drug: 6-month suspension
- DWI or DWAI-drug committed within 10 years of any previous violation: 1-year revocation
- DWAI committed within 5 years of any previous alcohol or drug-related violation: 6-month revocation
- Drugged driving: 6-month suspension
- DWI with a child less than 16 years of age (Leandra's Law) in the car: 18-month suspension
Is There Anything I Can Do to Save My License?
Yes. You can request a hardship hearing. If you have no prior alcohol conviction within five years and did not refuse to take the breathalyzer test, you are entitled to a hardship hearing at your first court appearance.
The purpose of the hearing is to demonstrate to the judge that you need your license to go to and from work because you have no other way to get there. If you are successful, the judge will issue a hardship license. However, the license will only allow you to drive to and from work, not for any other purpose.
After 30 days from your first court date, you may be able to request a conditional driver’s license to the New York DMV whether you win or lose the hardship hearing. A conditional license lasts until you are eligible to get your driver's license back and is more expansive than a hardship license because it allows you to:
- drive to and from and during work
- drive to and from the Drinking Driving Program ("DDP Program") and any related alcohol/drug treatment
- drive to and from school
- drive to and from probation
- drive to and from the DMV
- drive to and from medical treatments
- drive to and from your child's school or daycare provider
- drive for one 3-hour time period per week to run errands
What If I Refused the Breathalyzer?
If you refused the breathalyzer test, you are not eligible for a conditional license. Instead, the judge will suspend your driver's license at your first court appearance and inform you of when to appear at the DMV hearing.
At the DMV hearing, the administrative judge will decide if you did, in fact, refuse the breath test. The arresting officer will testify, and you have the chance to cross-examine them. If you win, your driving privileges will be restored at midnight. If you lose, then your driving privileges will be revoked for one year even if your DWI case is dismissed!
DMV Driver Responsibility Assessments for a DWI or DWAI conviction
If you are convicted for DWI and DWAI in New York, you will have to pay a "Driver Responsibility Assessment" fee every year for three years following your conviction. If you don’t, your driver's license and privileges will be suspended. It is important to note that the assessment fees also apply to drivers with out-of-state driver's licenses and those who do not have a driver's license.
If you are convicted of the following offenses and/or refused to submit to a chemical test, your driver responsibility assessment will be $250 each year:
- Aggravated Driving While Intoxicated (Agg–DWI)
- Driving While Intoxicated (DWI)
- Driving While Ability Impaired (DWAI)
- Driving While Ability Impaired by Drugs (DWAI–Drug)
- Driving While Ability Impaired by alcohol or drug (DWAI–Combination)
Schedule Your Free Initial Consultation
If you have been charged with DWI or DWAI in Westchester County, Proto, Sachs & Brown, LLP is here to protect your rights and driver's license. We are compassionate to your circumstances and are aware of how badly you depend on your driver’s license. As such, we will exhaust every possible option to best achieve a successful result in your DWI case.