Facing a DWI charge in New York can be a big deal – and it can affect far more than one night out. One worry you may have about your charge is whether you will be able to keep your driver’s license. The answer depends on a number of circumstances, as the state of New York has different levels of impaired driving. So, depending on the severity of your situation, the consequences can ramp up quickly—especially if you’ve had a prior alcohol- or drug-related driving incident.
Losing driving privileges after a first offense is still possible
In New York, you can have your license suspended or revoked after a first-time DWI if the conditions surrounding your charge are particularly serious. For example, first-time charges can be particularly serious if you:
- Blow above 0.08% BAC
- Flee the scene of the accident
- Have recent prior speeding violations
- Do not have proper auto insurance
- Are driving recklessly
All of these could result in you losing your license for up to 6 months.
Refusing a breath test could get you a longer suspension
If you refuse to take a chemical breath test during a traffic stop in New York, you can lose your driving privileges for longer. That’s because in New York, the refusal itself can trigger a separate penalty, meaning you could be dealing with license consequences before your case ends. In many instances, refusing a breath test could cause you to lose your license for up to one year.
Having prior or multiple DWIs can increase suspension/revocation time
New York is known for treating repeat DWI offenders much more harshly. If that’s you, you could be looking at losing your license for longer than a year. It depends on your record and the specific accusations you face. Repeat incidents can also create long-term problems, such as higher insurance costs and trouble with certain jobs that require driving.
What you can do right now
If you’re worried about the consequences of losing your license due to a DWI, you have options available to seek help. A seasoned DWI defense attorney could make the difference between reduced penalties and long-term license revocation. They can uphold and protect your constitutional rights throughout your case and help you navigate the intricacies and complexities of the New York criminal justice system.