In New York State, the Driving While Intoxicated statute has six (6) separate offenses: The first offense is Driving While Ability Impaired (DWAI). This offense is committed where the driver consumed alcohol to the extent that he "has actually impaired, to any extent, the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver." People v. Cruz, 48 N.Y.2d 419, 423 N.Y.S.2d 625 (1979). DWAI is a traffic infraction and not a crime. DWAI is an offense to which the more serious charge of Driving While Intoxicated (DWI) is often reduced. The second offense is Driving While Intoxicated; Per Se. This offense deals with operating a motor vehicle with a specific blood alcohol concentration (BAC). In New York, it is DWI per se to operate a motor vehicle with a BAC of .08% or more. The third offense is Aggravated Driving While Intoxicated (Aggravated DWI). This offense is committed when a person (a) operates a motor vehicle with a BAC of .18% or more; or (b) operates a motor vehicle in violation of VTL Section 1192.(2), (3), (4), (4-a), with a child under the age of 16 in the vehicle (Leandra's Law). The fourth offense is common law Driving While Intoxicated (DWI). You can be charged with DWI regardless of whether there is a chemical test (for example, if you refused to submit to a chemical test). The legal standard for DWI is that "the driver has voluntarily consumed alcohol to the extent that he is incapable of employing the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver." People v. Cruz, 48 N.Y. 2d 419, 423 N.Y.S.2d 625 (1979). The fifth offense deals with operating a motor vehicle while impaired by drugs (DWAI Drugs). While DWAI Alcohol is a traffic infraction, DWAI Drugs is a crime. The legal standard for DWAI Drugs, however is the same as DWAI Alcohol. Specifically, a person is guilty of DWAI Drugs when the driver has consumed certain drugs to the extent that he "has actually impaired, to any extent, the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver." People v. Cruz, 48 N.Y. 2d 419, 423 N.Y.S.2d 625 (1979). The sixth offense is Driving While Ability Impaired by the Combined Influence of Drugs or of Alcohol and any Drug or Drugs (DWAI Combined Influence)." The standard for this offense is the same as for DWAI, only the impairment can be from a combination of certain drugs or of alcohol and a drug or drugs. New York State has additional DWI provisions which apply to commercial motor vehicles. As with any criminal offense, the prosecution bears the burden of proving the charges against a defendant "beyond a reasonable doubt." Defending a DWI charge has become incredibly complicated and the penalties upon conviction has become more severe because of the increased political and public intolerance towards those who drink and drive. In a concerted effort to reduce Driving While Intoxicated and Driving While Ability Impaired By Drugs, New York State has imposed strict laws against these offenses. If you are arrested and charged with Driving While Intoxicated (DWI) or Driving While Ability Impaired By Drugs (DWAI Drugs), the consequences can be severe; you may lose your driver’s license, pay heavy fines, have your vehicle impounded and seized, and even receive a jail or prison sentence. Driving While Intoxicated convictions remain on your permanent criminal record and as a result, may interfere with your livelihood, causing you to lose your job or hinder future employment opportunities. With such high stakes, it is crucial that you contact a qualified DWI defense attorney as soon as you are arrested for driving while intoxicated.
At Michael A. Arbeit, P.C., we understand the anxiety and fear one feels after being arrested for Driving While Intoxicated, and we will diligently represent you to ensure the best possible resolution for your case. We have a thorough understanding of sobriety tests and law enforcement protocol which can be part of an effective and comprehensive defense against the DWI charges you face. During our initial consultation with you, we will start to investigate and assess if there was police error, field sobriety test errors or inaccuracies, failure to follow proper protocol or administrative errors which may prove your innocence or lead to the dismissal of charges by the prosecution. If you have been arrested for Driving While Intoxicated or Driving While Ability Impaired by Drugs, contact Michael A. Arbeit, P.C. immediately who will fight aggressively on your behalf and protect your rights. In New York, the Ignition Interlock laws are very strict and you need an experienced attorney that knows all about the ignition interlock provisions. - DWI in NY: Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication.
- Aggravated DWI in NY: Aggravated Driving While Intoxicated: .18 BAC or higher.
- DWAI/Alcohol: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.
- DWAI/Drug in NY: Driving While Ability Impaired by a single Drug other than alcohol.
- DWAI/Combination in NY: Driving While Ability Impaired by a the Combined Influence or Drugs or Alcohol.
- Refusing A Chemical Test(Breathalyzer or other test): A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation of at least one year (18 months for a commercial driver) and must pay a $500 civil penalty ($550 for a commercial driver) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge or previous refusal will have their driver license taken away for at least 18 months (permanent for a commercial driver) and must pay a $750 civil penalty to apply for a new driver license. If you’re under age 21, and refuse a chemical test during the five years after a DWI-related charge or previous refusal, you will have your driver license revoked for at least one year or until age 21, whichever is longer – And you have to pay a $750 civil penalty to apply for a new driver license.
- NY Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.
If you’re arrested for any of these violations, these are the potential fines and jail time you’ll be facing.
AGGRAVATED DRIVING WHILE INTOXICATED
A-DWI (.18 and higher Blood Alcohol Content [BAC])
CONVICTION | FINE ONLY* |
JAIL SENTENCE |
LICENSE ACTION** | 1st Offense
(Misdemeanor) | Minimum $1,000 -
Maximum $2,500 |
Up to 1 Year |
Minimum 1-year revocation | 2nd Offense
Within 5 years
(Class E Felony) | Minimum $1,000 -
Maximum $5,000 |
Up to 4 Years; minimum 5 days jail or 30 days of community service |
Minimum 18-month revocation | 3rd Offense or more
Within 10 years
(Class D Felony) | Minimum $2,000 -
Maximum $10,000 |
Up to 7 Years; minimum 10 days jail or 60 days of community service |
Minimum 18-month revocation** |
DRIVING WHILE INTOXICATED
DWI (.08 and higher Blood Alcohol Content [BAC] or other evidence of
intoxication)
– OR -
DRIVING WHILE ABILITY IMPAIRED BY A DRUG
DWI-Drug
CONVICTION | FINE ONLY* |
JAIL SENTENCE |
LICENSE ACTION** | 1st Offense (Misdemeanor) | Minimum $500 - Maximum $1,000 |
Up to 1 Year |
Minimum 6-Month Revocation | 2nd Offense Within 10 years (Class E Felony) | Minimum $1,000 - Maximum $5,000 |
Up to 4 Years; minimum 5 days jail or 30 days of community service |
Minimum 1-Year Revocation, plus ignition interlock and alcohol assessment | 3rd Offense or more
Within 5 years (Class D Felony) | Minimum $2,000 - Maximum $10,000 |
Up to 7 Years; minimum 10 days jail or 60 days of community service |
Minimum 1-Year Revocation, plus ignition interlock and alcohol assessment | 2nd Offense Within 10 years (Class E Felony) | Minimum $1,000 - Maximum $5,000 |
Up to 4 Years |
Minimum 1-Year Revocation | 3rd Offense or more Within 10 years (Class D Felony) | Minimum $2,000 - Maximum $10,000 |
Up to 7 Years |
Minimum 1-Year Revocation |
DRIVING
WHILE ABILITY IMPAIRED BY A COMBINATION OF ALCOHOL OR DRUGS>
DWAI-Combination
CONVICTION | FINE ONLY* |
JAIL SENTENCE |
LICENSE ACTION** | 1st Offense
(Misdemeanor) | Minimum $500 -
Maximum $1,000 |
Up to 1 Year |
Minimum 6-Month Revocation | 2nd Offense
Within 5 years
(E Felony) | Minimum $1,000 -
Maximum $5,000 |
Up to 4 Years |
Minimum 1-Year revocation | 3rd Offense Within 10 years (D Felony) | Minimum $1,000 -
Maximum $5,000 |
Up to 7 Years |
Minimum 18-month revocation** |
DRIVING
WHILE ABILITY IMPAIRED BY ALCOHOL>
DWAI (more than .05 up to .07 Blood Alcohol Content [BAC])
CONVICTION> | FINE ONLY* |
JAIL SENTENCE |
LICENSE ACTION** | 1st Offense (Traffic Infraction) | Minimum $300 - Maximum $500 |
Up to 15 Days |
90-Day Suspension | 2nd Offense Within 5 years (Traffic Infraction) | Minimum $500 - Maximum $750 |
Up to 30 Days |
Minimum 6-Month Revocation | 3rd Offense Within 10 years (Misdemeanor) | Minimum $750 - Maximum $1,500 |
Up to 180 Days |
Minimum 1-Year Revocation if current violation occurred within 5 years of previous violation** |
ZERO
TOLERANCE
Drivers Under 21 (DMV administrative finding of .02 to .07 Blood
Alcohol Content [BAC])
| CIVIL PENALTY |
LICENSE ACTION |
ADDED FEE | 1st Offense | Minimum $125 |
6-Month Suspension |
$100 Suspension Termination Fee | 2nd Offense | Minimum $125 |
1-Year Revocation or until age 21, whichever is longer |
$100 Re-Application Fee |
* Conviction fine only. Does not include mandatory conviction surcharge or crime victims assistance fee. ** For license revocations, the Department of Motor Vehicles determines when your license can be returned. Its return or reinstatement, based on state law or regulation, is not automatic. You must reapply for your license and may have to take a test. Three or more alcohol or drug-related offenses with 10 years can result in a permanent revocation, with a waiver request permitted after at least five years. Mandatory Screening – If you are charged with or convicted of certain alcohol-related offenses, the courts will order alcohol screening and/or alcohol evaluation, prior to sentencing. * § 1198. Installation and Operation of Ignition Interlock Devices. 1. Applicability. The provisions of this section shall apply throughout the state to each person required or otherwise ordered by a court as a condition of probation or conditional discharge to install and operate an ignition interlock device in any vehicle which he or she owns or operates. 2. Requirements. (a) In addition to any other penalties prescribed by law, the court shall require that any person who has been convicted of a violation of subdivision two, two-a or three of section eleven hundred ninety-two of this article, or any crime defined by this chapter or the penal law of which an alcohol-related violation of any provision of section eleven hundred ninety-two of this article is an essential element, to install and maintain, as a condition of probation or conditional discharge, a functioning ignition interlock device in accordance with the provisions of this section and, as applicable, in accordance with the provisions of subdivisions one and one-a of section eleven hundred ninety-three of this article; provided, however, the court may not authorize the operation of a motor vehicle by any person whose license or privilege to operate a motor vehicle has been revoked except as provided herein. For any such individual subject to a sentence of probation, installation and maintenance of such ignition interlock device shall be a condition of probation. (b) Nothing contained in this section shall prohibit a court, upon application by a probation department, from modifying the conditions of probation of any person convicted of any violation set forth in paragraph (a) of this subdivision prior to the effective date of this section, to require the installation and maintenance of a functioning ignition interlock device, and such person shall thereafter be subject to the provisions of this section. (c) Nothing contained in this section shall authorize a court to sentence any person to a period of probation or conditional discharge for the purpose of subjecting such person to the provisions of this section, unless such person would have otherwise been so eligible for a sentence of probation or conditional discharge. 3. Conditions. (a) Notwithstanding any other provision of law, the commissioner may grant a post-revocation conditional license, as set forth in paragraph (b) of this subdivision, to a person who has been convicted of a violation of subdivision two, two-a or three of section eleven hundred ninety-two of this article and who has been sentenced to a period of probation or conditional discharge, provided the person has satisfied the minimum period of license revocation established by law and the commissioner has been notified that such person may operate only a motor vehicle equipped with a functioning ignition interlock device. No such request shall be made nor shall such a license be granted, however, if such person has been found by a court to have committed a violation of section five hundred eleven of this chapter during the license revocation period or deemed by a court to have violated any condition of probation or conditional discharge set forth by the court relating to the operation of a motor vehicle or the consumption of alcohol. In exercising discretion relating to the issuance of a post-revocation conditional license pursuant to this subdivision, the commissioner shall not deny such issuance based solely upon the number of convictions for violations of any subdivision of section eleven hundred ninety-two of this article committed by such person within the ten years prior to application for such license. Upon the termination of the period of probation or conditional discharge set by the court, the person may apply to the commissioner for restoration of a license or privilege to operate a motor vehicle in accordance with this chapter. (b) Notwithstanding any inconsistent provision of this chapter, a post-revocation conditional license granted pursuant to paragraph (a) of this subdivision shall be valid only for use by the holder thereof, (1) enroute to and from the holder's place of employment, (2) if the holder's employment requires the operation of a motor vehicle then during the hours thereof, (3) enroute to and from a class or course at an accredited school, college or university or at a state approved institution of vocational or technical training, (4) to and from court ordered probation activities, (5) to and from a motor vehicle office for the transaction of business relating to such license, (6) for a three hour consecutive daytime period, chosen by the department, on a day during which the participant is not engaged in usual employment or vocation, (7) enroute to and from a medical examination or treatment as part of a necessary medical treatment for such participant or member of the participant's household, as evidenced by a written statement to that effect from a licensed medical practitioner, (8) enroute to and from a class or an activity which is an authorized part of the alcohol and drug rehabilitation program and at which participant's attendance is required, and (9) enroute to and from a place, including a school, at which a child or children of the participant are cared for on a regular basis and which is necessary for the participant to maintain such participant's employment or enrollment at an accredited school, college or university or at a state approved institution of vocational or technical training. (c) The post-revocation conditional license described in this subdivision may be revoked by the commissioner for sufficient cause including but not limited to, failure to comply with the terms of the condition of probation or conditional discharge set forth by the court, conviction of any traffic offense other than one involving parking, stopping or standing or conviction of any alcohol or drug related offense, misdemeanor or felony or failure to install or maintain a court ordered ignition interlock device. (d) Nothing contained herein shall prohibit the court from requiring, as a condition of probation or conditional discharge, the installation of a functioning ignition interlock device in any vehicle owned or operated by a person sentenced for a violation of subdivision two, two-a, or three of section eleven hundred ninety-two of this chapter, or any crime defined by this chapter or the penal law of which an alcohol-related violation of any provision of section eleven hundred ninety-two of this chapter is an essential element, if the court in its discretion, determines that such a condition is necessary to ensure the public safety. Imposition of an ignition interlock condition shall in no way limit the effect of any period of license suspension or revocation set forth by the commissioner or the court. (e) Nothing contained herein shall prevent the court from applying any other conditions of probation or conditional discharge allowed by law, including treatment for alcohol or drug abuse, restitution and community service. (f) The commissioner shall note on the operator's record of any person restricted pursuant to this section that, in addition to any other restrictions, conditions or limitations, such person may operate only a motor vehicle equipped with an ignition interlock device. 4. Proof of compliance and recording of condition. (a) Following imposition by the court of the use of an ignition interlock device as a condition of probation or conditional discharge it shall require the person to provide proof of compliance with this section to the court and the probation department or other monitor where such person is under probation or conditional discharge supervision. If the person fails to provide for such proof of installation, absent a finding by the court of good cause for that failure which is entered in the record, the court may revoke, modify, or terminate the person's sentence of probation or conditional discharge as provided under law. Good cause may include a finding that the person is not the owner of a motor vehicle if such person asserts under oath that such person is not the owner of any motor vehicle and that he or she will not operate any motor vehicle during the period of interlock restriction except as may be otherwise authorized pursuant to law. "Owner" shall have the same meaning as provided in section one hundred twenty-eight of this chapter. (b) When a court imposes the condition specified in subdivision one of this section, the court shall notify the commissioner in such manner as the commissioner may prescribe, and the commissioner shall note such condition on the operating record of the person subject to such conditions. 5. Cost, installation and maintenance. (a) The cost of installing and maintaining the ignition interlock device shall be borne by the person subject to such condition unless the court determines such person is financially unable to afford such cost whereupon such cost may be imposed pursuant to a payment plan or waived. In the event of such waiver, the cost of the device shall be borne in accordance with regulations issued under paragraph (g) of subdivision one of section eleven hundred ninety-three of this article or pursuant to such other agreement as may be entered into for provision of the device. Such cost shall be considered a fine for the purposes of subdivision five of section 420.10 of the criminal procedure law. Such cost shall not replace, but shall instead be in addition to, any fines, surcharges, or other costs imposed pursuant to this chapter or other applicable laws. (b) The installation and service provider of the device shall be responsible for the installation, calibration, and maintenance of such device. 6. Certification. (a) The commissioner of the department of health shall approve ignition interlock devices for installation pursuant to subdivision one of this section and shall publish a list of approved devices. (b) After consultation with manufacturers of ignition interlock devices and the national highway traffic safety administration, the commissioner of the department of health, in consultation with the commissioner and the office of probation and correctional alternatives, shall promulgate regulations regarding standards for, and use of, ignition interlock devices. Such standards shall include provisions for setting a minimum and maximum calibration range and shall include, but not be limited to, requirements that the devices: (1) have features that make circumventing difficult and that do not interfere with the normal or safe operation of the vehicle; (2) work accurately and reliably in an unsupervised environment; (3) resist tampering and give evidence if tampering is attempted; (4) minimize inconvenience to a sober user; (5) require a proper, deep, lung breath sample or other accurate measure of blood alcohol content equivalence; (6) operate reliably over the range of automobile environments; (7) correlate well with permissible levels of alcohol consumption as may be established by the sentencing court or by any provision of law; and (8) are manufactured by a party covered by product liability insurance. (c) The commissioner of the department of health may, in his discretion, adopt in whole or relevant part, the guidelines, rules, regulations, studies, or independent laboratory tests performed on and relied upon for the certification or approval of ignition interlock devices by other states, their agencies or commissions. 7. Use of other vehicles. (a) Any requirement of this article or the penal law that a person operate a vehicle only if it is equipped with an ignition interlock device shall apply to every motor vehicle operated by that person including, but not limited to, vehicles that are leased, rented or loaned. (b) No person shall knowingly rent, lease, or lend a motor vehicle to a person known to have had his or her driving privilege restricted to vehicles equipped with an ignition interlock device unless the vehicle is so equipped. Any person whose driving privilege is so restricted shall notify any other person who rents, leases, or loans a motor vehicle to him or her of such driving restriction. (c) A violation of paragraph (a) or (b) of this subdivision shall be a misdemeanor. 8. Employer vehicle. Notwithstanding the provisions of subdivision one and paragraph (d) of subdivision nine of this section, if a person is required to operate a motor vehicle owned by said person's employer in the course and scope of his or her employment, the person may operate that vehicle without installation of an approved ignition interlock device only in the course and scope of such employment and only if the employer has been notified that the person's driving privilege has been restricted under the provisions of this article or the penal law and the person whose privilege has been so restricted has provided the court and probation department with written documentation indicating the employer has knowledge of the restriction imposed and has granted permission for the person to operate the employer's vehicle without the device only for business purposes. The person shall notify the court and the probation department of his or her intention to so operate the employer's vehicle. A motor vehicle owned by a business entity which business entity is all or partly owned or controlled by a person otherwise subject to the provisions of this article or the penal law is not a motor vehicle owned by the employer for purposes of the exemption provided in this subdivision. The provisions of this subdivision shall apply only to the operation of such vehicle in the scope of such employment. 9. Circumvention of interlock device. (a) No person whose driving privilege is restricted pursuant to this article or the penal law shall request, solicit or allow any other person to blow into an ignition interlock device, or to start a motor vehicle equipped with the device, for the purpose of providing the person so restricted with an operable motor vehicle. (b) No person shall blow into an ignition interlock device or start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is so restricted. (c) No person shall tamper with or circumvent an otherwise operable ignition interlock device. (d) No person subject to a court ordered ignition interlock device shall operate a motor vehicle without such device. (e) In addition to any other provisions of law, any person convicted of a violation of paragraph (a), (b), (c), or (d) of this subdivision shall be guilty of a Class A misdemeanor. 10. Warning label. The department of health shall design a warning label which the manufacturer shall affix to each ignition interlock device upon installation in the state. The label shall contain a warning that any person tampering, circumventing, or otherwise misusing the device is guilty of a misdemeanor and may be subject to civil liability. * NB Repealed September 1, 2015 The Conditional License If you qualify for a conditional license or conditional driving privilege, you will be allowed to legally drive within certain limitations. A conditional license is not valid for driving a vehicle that requires the operator to hold a Commercial Driver License (CDL). Note: The limitations for using a conditional license, and the reasons for its revocation, also apply to conditional driving privileges issued to participants licensed in other states. Where and when you can drive
A conditional license/driving privilege is not valid to operate a taxicab or a vehicle for which a Commercial Driver License (CDL) is required. If you receive a conditional license or conditional driving privilege, you may drive ONLY under the following circumstances - to and from your place of employment
- during the hours of employment if your job requires you to drive a motor vehicle
- to and from a Motor Vehicle office to transact business regarding the conditional license or Drinking Driver Program (DDP)
- to and from a class or activity that is an authorized part of the DDP
- to and from a class or course at an accredited school, college or university, or at a state-approved institution of vocational or technical training in which you are enrolled - a conditional license/driving privilege CANNOT be used to drive to and from a high school
- to and from probation activities ordered by the court
- during an assigned period of three consecutive hours between 5 am and 9 pm once a week - the assigned period will not be changed unless this privilege is amended
- to and from a medical appointment that is part of necessary treatment for you or a member of your household - you must carry a written statement from your licensed medical practitioner as evidence, and show it to any police officer who asks to see it
- to and from a child’s school/day care if the child’s attendance at the school/day care is necessary for you to maintain employment or enrollment to an accredited school, college or university, or at a state-approved institution of vocational or technical training
Upon enrollment, a Conditional License/Driving Privilege Attachment (MV-2020) will be issued to you with the conditional license/privilege. This attachment specifically lists the permissible uses of your conditional license/privilege. If you change your scheduled course or transfer to another program, the DDP will generate a Notice of Transfer or a Notice of Reschedule for you to carry with your MV-2020 Conditional License/Driving Privilege showing your new class information. All other changes must be immediately brought to the attention of DMV. To do this, complete a “Conditional License Privilege Attachment” (MV 2020) at a state or county motor vehicle office. Conditional License Revocation Your conditional license will be revoked if you are convicted of violating any conditions listed in “Where and When You May Drive” or of any moving violation, including those concerning cell phones, seat belts, or child safety seats or systems. After the conditional license is revoked, you may continue to attend the DDP, but you must not drive under any circumstances. If you are over 21 years old and complete the program without additional convictions, your full license will be restored at the end of the program if you meet all other requirements. If you are under 21 and your conditional license is revoked, you must serve a one-year revocation even if you complete the DDP. Your conditional license will also be revoked if you are convicted or found guilty of any additional alcohol or drug-related violation, or any other violation that usually results in license revocation. If your conditional license is revoked, you may continue to participate in the DDP without driving, but you will not be re-licensed immediately after you complete the program. The DMV will consider your re-licensing only after you have completed the DDP and have served any required revocation period. If you are dropped from the DDP, your conditional license will be revoked. If this occurs, your original license suspension or revocation will be reinstated for its full length. To re-enter the DDP, you must obtain the consent of the DDP director. The Drinking Driver Program (DDP) The Drinking Driver Program (DDP) is part of New York State’s effort to lessen the incidence of injury, disability, and fatality that results from alcohol and other drug related motor vehicle crashes, thereby reducing the risk of re-offense for an impaired driving offense.
Participants in the DDP will receive an in-depth education regarding high-risk alcohol and other drug choices to assist them in identifying and changing high-risk behaviors. Multimedia presentations and guided discussion increase participants’ motivation to change behavior to protect what they value most in life. Individual and group activities are completed using participant workbooks. Participants also complete a preliminary screening designed to identify risk factors for a substance abuse disorder. Individuals found to be at risk for a substance abuse disorder will be referred for a comprehensive clinical assessment and referral to treatment if warranted.
If you are licensed in another state or a province of Canada, see Out-of-State Options for DDP Entry.
Classroom Phase
As a DDP participant, you must attend all seven weekly classroom sessions. Each session takes 2 to 3 hours for 16 hours total. When you satisfactorily complete the classroom sessions, your involvement in the DDP will end, UNLESS the program refers you for formal evaluation and any resulting treatment.
Screening and Referral
DDP participants may be referred for a formal substance abuse evaluation by a NYS court, the Department of Probation or the DDP. DDP referrals can result from the results of a written self-inventory two or more alcohol or drug-related driving convictions within 25 years arrest for an alcohol or drug-related driving violation while enrolled in the DDP attending class under the influence of alcohol or drugs, a request by the student for help with a substance abuse problem, or an admission that the student is currently in treatment. If you are referred for evaluation by a DDP, you must choose a provider approved by the Office of Alcoholism and Substance Abuse Services (OASAS). You can find a list of approved providers at the OASAS website. If you are not satisfied with the results of the evaluation, you may ask the DDP director for a second evaluation. However, you must accept the findings of the second evaluation.
After evaluation, you may be required to complete a formal substance abuse treatment program. If you fail to complete required evaluation or treatment, you will be dropped from the DDP and your conditional license will be revoked.
In some instances you may be referred for assessment by a NYS court or probation office prior to enrolling in the DDP. If the assessment results in a determination that treatment is required, you must complete the treatment before the DDP will provide a completion certificate. It is important to understand that regardless of the referral source (DDP, NYS court or a probation office), if the assessment determines that treatment is required, you must complete the treatment in order to complete the DDP.
Completion
The DDP will provide you with a “Notice of Completion” when all program requirements have been met. This information will also be electronically transmitted to DMV. Depending on your license status and driving record, your license may be restored or you may become eligible to apply for a new license. Your eligibility will be affected if you have two or more alcohol/drug related driving violations on your driving record your conditional license is under revocation you were under 21 when the alcohol or drug-related driving violation occurred you refused an alcohol or drug test on the date of the violation you committed the alcohol or drug-related violation while operating a commercial motor vehicle.
Drops, Re-sentencing and Re-entry
You will be dropped from the DDP and lose your conditional license if you do not attend class, any required evaluation or treatment, or do not otherwise satisfactorily participate in the program, or do not pay the program fees. If you are dropped from the DDP, you must obtain consent from the DDP director before re-entering. A re-entry fee of $50 is required, payable to the DDP. Drops reported to the DMV will result in the revocation of your conditional license/driving privilege. Participants can only be re-issued a conditional license one time.
At the time of sentencing, the court may issue you a conditional discharge (CD) that requires DDP completion. The DMV will notify the court if you do not enroll in the program, or are dropped from it. The court then may call you in for re-sentencing.
Program Fees
When you enroll in the Drinking Driver Program you must pay the Department of Motor Vehicles (DMV) a nonrefundable fee of $75. Additional fees may apply. Cash, checks, credit cards, debit cards or money orders (made payable to the “Commissioner of Motor Vehicles”) are acceptable.
After enrollment, you also must pay a fee directly to the program that will conduct your DDP classes. The maximum DDP enrollment fee is $225, payable to the program you attend. Payment is expected when you attend the first class. There will be additional fees if you transfer to another DDP or apply to re-enter a program you have been dropped from.
During the DDP course, you may be referred to a NYS OASAS approved treatment provider for formal evaluation and, if necessary, treatment. If formal evaluation or treatment is needed, you will have to pay additional fees to the agency that provides those services.
Eligibility
Participation in the Drinking Driver Program is available on a voluntary basis if you have been convicted of an alcohol or drug related driving violation, unless you have participated in the program within the last 5 years, or have been convicted of another alcohol or drug violation within 5 years of the current alcohol or drug violation. However, these limitations do not restrict the ability of the court to mandate participation, even if you have already attended a Drinking Driver Program within the previous 5 years. In such situations, participation will be required, yet you will not be eligible for a conditional license or privilege. Re-Licensing After Completion of the Drinking Driver Program You may be eligible for full non-Commercial Driver License (non-CDL) driving privileges after you complete the DDP, all recommended formal evaluations, and any required treatment. Your Commercial Driver License (CDL) or commercial driving privileges will remain suspended or revoked until the end of the CDL suspension or revocation. After the end of the CDL suspension or revocation, you must go to a state or county motor vehicle office to apply for restoration of your CDL or commercial driving privileges. Re-licensing after suspension If your original license has been suspended, you must take these steps - complete the DDP
- go to any state or county motor vehicle office to have your license restored
- pay a suspension termination fee.
- pay a driver civil penalty if your license was suspended for a violation of the Zero Tolerance Law.
- pay any additional required license fees
Re-licensing after revocation If your original license has been revoked, you must take these steps - complete the DDP
- bring your conditional license to any state or county motor vehicle office
- meet all DMV requirements and criteria for re-licensing
- pay any required license fees
Please Note: Re-licensing after revocation is not automatic. For some revocations, you must first request and receive approval from the DMV Driver Improvement Unit (DIU) before you can apply for a new driver license at a DMV office. The DMV cannot consider your application for re-licensing until the end of the revocation period if you: - originally had refused a request for an alcohol or drug test
- had committed the alcohol or drug-related violation while driving a commercial motor vehicle
- were under 21 at the time of your arrest
However, if you complete the DDP and have a conditional license, you may continue driving in conditional status during the remainder of the revocation period.  
The Impaired Driver Program - Alcohol & Drug Rehabilitation Program The Drinking Driver Program (DDP) is now called the Impaired Driver Program (IDP). As this new name is being implemented, you may see the two names interchangeably.
What happens if I am convicted of an alcohol or drug-related violation in New York State?
If you are convicted of an alcohol or drug-related driving violation, your license or privilege to drive in New York State will be revoked or suspended. However, you may be eligible for a conditional license or a conditional driving privilege if you participate in New York State’s Impaired Driver Program (IDP) (previously known as Drinking Driving Program (DDP)) or an approved out-of-state program.
Your “Order of Suspension or Revocation” from the Department of Motor Vehicles (DMV) will indicate a nearby state or county motor vehicle office where you may enroll in the Impaired Driver Program and apply for a conditional license/privilege, if applicable.
Your license suspension or revocation officially begins at your hearing or sentencing in court, unless the court gives you a “Continuation of Driving Privileges” (MV-1192). Your credit for serving the suspension or revocation begins on the effective date of the order. If you receive a “continuation,” your suspension or revocation will begin 20 days after sentencing
It is a criminal offense to drive a motor vehicle while your license is suspended or revoked. If you are convicted of driving under suspension or revocation, you may be fined and you may be sentenced to jail and/or probation. In addition, the police may impound the vehicle you were driving when arrested.
If you are placed on probation because of this conviction, you also must bring written permission from the sentencing court, or your probation officer, that allows you to apply for a license.
Driver Responsibility Assessments
If you are convicted of Driving While Intoxicated (DWI), Driving While Ability Impaired (DWAI) or Driving While Ability Impaired by Drugs, or if you are found to have refused to submit to a chemical test, you will be required to pay a driver responsibility assessment each year for the next three years. For more information, see Pay driver responsibility assessment.
Participation in the Impaired Driver Program (IDP) will not prevent, reduce, or delay fines, fees, or penalties imposed under the driver responsibility assessment program. 
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