DWI Defense
DWI and Your License: Suspensions, Revocations, and the DMV
For most people, the license is the emergency. You need to drive to work, to school, to care for your family — and a DWI case can take your license away before you are ever convicted of anything.
New York's license consequences run on a separate track from the criminal case, through the DMV. Understanding that track — and acting on it quickly — is often the difference between months without driving and a manageable outcome.
Your License Can Be Suspended at Arraignment — Before Any Conviction
Under VTL 1193, suspension pending prosecution requires statutory findings, including a sufficient accusatory instrument and reasonable cause to believe a qualifying chemical test showed a BAC of .08 or higher. It is distinct from conviction-based revocation and the DMV chemical-test refusal process.
If your license is suspended at arraignment, you may be eligible for a hardship privilege — a limited license to drive to work, school, or medical appointments — but you must request a hardship hearing and prove extreme hardship. This is one of the first things we handle for clients.
The Consequences If You Are Convicted
- DWAI (infraction): 90-day suspension for a first offense
- DWI (misdemeanor): minimum 6-month revocation
- Aggravated DWI: minimum 1-year revocation
- Repeat DWI: at least one year for specified second offenses; aggravated and additional repeat offenses can bring longer revocation or denial of relicensing
- Sustained first chemical-test refusal: at least one-year revocation through DMV, separate from the criminal case
- Ignition interlock: required on any vehicle you drive after a DWI conviction
Conditional Licenses and Getting Back on the Road
Eligible drivers may apply for a conditional license while participating in New York's Impaired Driver Program (IDP) — a seven-week course that allows limited driving for work, school, medical care, and other essentials during the revocation period.
Eligibility has rules — prior convictions, refusals, and timing all matter. We walk clients through the IDP, the conditional license application, and the interlock requirement so there are no surprises.
Official New York resources
Frequently asked questions
Can a DWI affect my license before the criminal case ends?
Yes. The court can suspend your license at arraignment — your first appearance — if the BAC paperwork shows .08 or higher. A refusal can trigger a separate DMV revocation. You can lose your ability to drive months before the case is resolved, which is why early representation matters.
What is the difference between a suspension and a revocation?
A suspension temporarily withdraws driving privileges. It may be definite (a set period) or indefinite (until required conditions are met); fees and other restrictions may also apply. A revocation cancels your license entirely; when the revocation period ends, you must re-apply to the DMV, and the DMV can say no.
Will a DWI raise my insurance?
A DWI or alcohol-DWAI disposition may affect premiums or coverage. The effect depends on the insurer, policy, driving history, and disposition; no particular insurance outcome can be promised.
Speak with Yvonne directly
Your license is too important to leave to chance. Call Garbett Law at (845) 290-2492 — we handle the court case and the DMV side together. Se habla español.