New York License Suspension Lawyers

Defending Commercial & Non-Commercial Drivers in New York

Facing a driver's license suspension due to a DWI (Driving While Intoxicated) in New York can have long-lasting consequences. Losing your license not only impacts your freedom and ability to commute, but it can also affect your employment and personal life. If you’re dealing with a DWI charge and the possibility of a license suspension, you need experienced legal representation to help protect your rights. At Barket Epstein Kearon Aldea & LoTurco, LLP, our New York license suspension lawyers have the knowledge and experience necessary to navigate the complexities of DWI law and minimize the impact on your driving privileges.

Call (888) 779-0267 or contact us online today to schedule an initial consultation.

DWI & License Suspension in New York

In New York, driving while intoxicated is a serious offense that can result in both criminal penalties and administrative consequences, including the suspension of your driver’s license. Whether you are facing a first-time DWI charge or have multiple offenses on your record, New York’s laws are strict, and the penalties increase with each offense.

Administrative Penalties vs. DWI Conviction

It’s important to understand that a license suspension in New York can occur at two different stages: administratively and as a result of a criminal DWI conviction. These are separate processes that require different defenses, and a skilled New York license suspension lawyer can help you navigate both.

Administrative License Suspension

After a DWI arrest, you face an immediate administrative license suspension if your blood alcohol content (BAC) is 0.08% or higher, or if you refuse to submit to a chemical test under New York’s “implied consent” law. This immediate suspension can occur even before you go to court for the DWI charge.

• First-time DWI offense: A conviction could lead to a license suspension of at least six months.
• Second or subsequent DWI offenses: Multiple DWI convictions can lead to longer suspensions, up to one year or more.
• Chemical test refusal: If you refuse to take a breathalyzer or other chemical test, your license could be suspended for one year, regardless of whether you are later convicted of DWI.

License Suspension from a DWI Conviction

If you are convicted of a DWI, the court will impose penalties, which may include a mandatory license suspension. Unlike the administrative suspension, this is a criminal penalty and is based on the outcome of your case. To avoid or minimize this suspension, your lawyer will work to challenge the evidence, negotiate a reduction of charges, or fight for a dismissal.

How to Avoid License Suspension

Avoiding a driver’s license suspension after a DWI arrest requires a strategic legal defense that begins immediately. Some key steps that can be taken include:

• Challenge the Traffic Stop: If the police did not have a valid reason to stop your vehicle, any evidence gathered after the stop, including breathalyzer or blood test results, may be inadmissible in court. A successful challenge to the legality of the stop could lead to a dismissal of charges.
• Dispute BAC Test Results: Chemical test results can sometimes be inaccurate due to improper testing procedures, faulty equipment, or mishandling of samples. Your attorney may be able to challenge the validity of these tests and prevent them from being used as evidence against you.
• Request a Hardship License or Conditional License: Even if your license is suspended, New York allows certain drivers to apply for a hardship license or a conditional license, which permits you to drive to specific locations such as work, school, or medical appointments. Our attorneys can help you apply for these limited driving privileges and present a compelling case to the court or DMV.

How to Regain Your Driving Privileges After License Suspension in New York

If your license is suspended as a result of a DWI conviction or chemical test refusal, you are not without options. There are steps you can take to restore your driving privileges sooner than the standard suspension period.

• Attend a DMV Hearing: If your license was suspended for refusing a chemical test, you can request a DMV hearing to contest the suspension. Having an experienced New York license suspension lawyer by your side is crucial in preparing your defense for this hearing and increasing your chances of success.
• Complete a Drinking Driver Program (DDP): In some cases, completing New York’s Drinking Driver Program (DDP) is a requirement for reinstating your license. This program includes mandatory education on the dangers of impaired driving and may involve an alcohol or drug assessment. Successful completion of the program may help you regain limited driving privileges during your suspension.
• Ignition Interlock Device (IID) Installation: If you are convicted of a DWI in New York, the court may require you to install an ignition interlock device (IID) in your vehicle once your driving privileges are reinstated. An IID requires you to pass a breathalyzer test before the vehicle will start. You must cover the costs of installing and maintaining the device.
• Reinstating Your License: Once you have served the suspension period and fulfilled all court and DMV requirements, such as paying reinstatement fees and completing any required programs, you can apply to have your full driving privileges restored. The process can be complex, but with the guidance of a skilled New York license suspension lawyer, you can ensure that you meet all necessary conditions to reinstate your license.

At Barket Epstein Kearon Aldea & LoTurco, LLP, we understand how critical it is to keep your driving privileges intact after a DWI charge. Our team of skilled attorneys is dedicated to helping individuals in New York avoid or minimize license suspensions and navigate the complex legal system. Whether you’re facing an administrative suspension or need assistance restoring your license after a DWI conviction, we have the experience to guide you through every step of the process.

Contact us today at (888) 779-0267 to let our firm fight for you immediately.