New York DWI Lawyer Blog

If you are convicted of a New York drunk driving charge, such as an Aggravated DWI, DWAID (driving while ability impaired by drugs), or a DWAI, in addition to any Court mandated fines, fees, penalties and surcharges, the New York State Department of Motor Vehicles (NYSDMV) taxes all motorists $750.00 for this conviction. The Driver Responsibility Program was instituted in November of 2004 with the stated purpose of preventing repeated DWI's or traffic infractions.

The assessment is $750.00 and will also be imposed for a refusal to take a chemical test such as a breathalyzer, including for boats and snowmobiles. The fine can be paid in one installment or in three annual payments of $250.00.

There is also an assessment if the motorist gets 6 or more points on his or her license within a 18 month period. In those cases, the assessment is $300.00, with payment all at once or in annual payments of $100.00. Each additional point within the 18 month period adds on $75.00 for the three years.

Driver responsibility assessments are imposed on all drivers in the state of New York, regardless if they have a New York driver's license. Failure to pay the assessment will result in a suspension of the motorist's driver license, learner's permit or driving privileges for out of state drivers.

Continue reading " Driver Responsibility Assessments " »

When charged with a New York drunk driving offense, under the New York Vehicle & Traffic Law your license will be automatically suspended at your first Court appearance under the doctrine "suspension pending prosecution." In essence, since a license is a privilege, the Courts reverse the principle of innocent until proven guilty, and your driver's license (or driving privileges in New York for out of state residents) is suspended at the arraignment regardless of the fact that you may win your case. From the date of the arraignment until the conclusion of the case, you will have no driving privileges whatsoever unless a hardship license is granted.

In order to obtain a hardship privilege, there are several factors which must be met to determine if you are eligible. Among these factors, you must not have refused to take a chemical test such as a breathalyzer, and you are not eligible if you have had a previous drunk driving conviction or plea within the last 5 years. To obtain a hardship license, you must testify at a "Hardship Hearing", which is conducted by the judge within three days of your arraignment, but frequently, on the same day as the arraignment. Additionally, your testimony must be confirmed by a family member, friend or witness who can testify that without your driver's license during the pendency of the case, you would suffer not just hardship, but "extreme hardship."

At the hardship hearing, you must prove that you have no viable alternative means of getting to work other than driving yourself. Thus, the proof must be that public transportation or taxis are not available to you, or that financially, you could not afford to pay the cost of taxis, buses or trains based upon your salary or earnings. Thus, documentation proving what you earn, such as pay stubs or W2's, are often utilized as evidence. Further, the additional witness must confirm that there are no family members, friends or co-workers that could drive you to work while the case is proceeding.

Hardship licenses are for a limited purpose--to allow you to drive to and from work, and only during the days and times permitted by the Court. If you work from Monday to Friday, you will not be permitted to use your hardship privilege on a weekend regardless of the reason. Hardship licenses are not available to salespeople or, for example, people that drive for a living and are required to make multiple stops--UPS drivers, truck drivers, or delivery people. In sum, the privilege only permits driving from home to work and back home, nothing more.

Continue reading " What Is A Hardship License And Are You Eligible? " »