If you are convicted of an alcohol or drug related driving violation,
your driver 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 Drinking Driver Program (DDP). If you qualify for a conditional
license or conditional driving privilege, you will be allowed to legally
drive within certain limitations.
To receive a conditional license or conditional driving privilege, you
must participate in the DDP.
Your "Order of Suspension or Revocation" (MV110.1L) from the
Department of Motor Vehicles (DMV) will indicate a state or county motor
vehicle office where you may enroll in the Drinking Driver Program. Bring
your driver license or proof of identity with signature (see form
"MV-44.1", available at motor vehicle offices), and payment of the
appropriate fees (see "Program Fees"). 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.
If you are licensed in another state or a province of Canada and you
want to restore your New York State driving privilege, see section
"Out-Of-State Issues – DDP Entry."
Before you decide not to participate in the Drinking Driver Program,
please read "If You Do Not Participate."
ABOUT THE PROGRAM
The Drinking Driver Program is part of New York State’s effort to
reduce the personal and property losses caused by drivers under the
influence of alcohol and/or drugs.
The DDP helps the participants examine the arrest experience and the
reason for their arrest. It also helps them learn to make appropriate
driving decisions for the future. During the DDP introductory session,
participants are asked to consider the reasons and goals of the program,
and its requirements for completion. Under the guidance of the director
and staff, the participants discuss the social, medical, legal, and
driver safety problems caused by alcohol and other drug abuse. The
program includes classroom education, screening, and evaluation and
treatment if warranted.
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 (see "Completion").
SCREENING AND REFERRAL
Some DDP participants are referred from the classroom phase for formal
substance abuse evaluation. Referral can result from: – the results of a
written self-inventory. – two or more alcohol or drug-related driving
convictions within 10 years. – an 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, you may choose a
provider from a list supplied by the DDP. If you are not satisfied with
the results of the evaluation, you may contact the DDP director and
request 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.
COMPLETION
You will receive a "Notice of Completion" (MV-2026) when you have
completed all the requirements of the Drinking Driver Program. A copy of
your completion notice will be sent to the DMV. Then, depending on your
license status and driving record, your license will be restored or you
will be eligible to apply for a new license. You may not be allowed to
apply right away if:
– your conditional license is under revocation (see "Conditional
License Revocation"). – you were under 21 when the alcohol or
drug-related driving violation occurred (see "Re-licensing After DDP"). –
you refused an alcohol or drug test on the date of the violation (see
"Re-licensing After DDP"). – you committed the alcohol or drug-related
violation while operating a commercial motor vehicle.
DROPS, RE-SENTENCING, RE-ENTRY
You will be dropped from the DDP and lose your conditional license
(see "Conditional License Revocation") 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 may not re-enter
without a written letter of consent from the DDP director. Bring the
letter to any state or county motor vehicle office for additional
information about re-entering. A re-entry fee of $50 is required, payable
to the DDP. There are restrictions on the number of times that a
participant may re-enter the program and keep a conditional license.
At the time of sentencing, the court may have issued you a conditional
discharge (CD) that requires DDP completion. 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 a nonrefundable fee of $75. Other fees also
may be required in certain cases. Checks or money orders must be made
payable to the "Commissioner of Motor Vehicles. "
After enrollment, you also must pay a fee directly to the agency that
will conduct your DDP classes. The maxiumum DDP enrollment fee is $225,
payable to the program you attend. Motor vehicle staff will tell you the
exact fee and who to pay. 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 DMV recognized health
care provider for formal evaluation and resulting treatment, if
necessary. If formal evaluation or treatment is needed, you will have to
pay additional fees to the agency that provides those services (see
"About the Program").
THE CONDITIONAL LICENSE 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 MAY DRIVE
A conditional license generally is not valid for driving a taxicab or
any motor vehicle that requires the driver to have a Commercial Driver
License (CDL). In certain situations, a conditional license may be issued
to the holder of a CDL or a Class E license. For more information,
contact the DMV Driver Improvement Adjudication Unit (DIAU; see address
in Relicensing For Non-Participants").
If you receive a conditional license, it is valid to drive only:
- to and from work, and during work if driving is part of your
job - to and from a class at an accredited school or college
- to transport your child to and from a child care facility or school
when necessary to maintain your employment, or your enrollment in an
accredited school or college - to and from DDP classes and any required evaluation or
treatment - to and from a state or county motor vehicle office for business
related to your conditional license - to and from court-ordered probation activities
- to and from medical examinations or treatment for you or a member
of your family, as certified in writing by a physician - during the three-hour weekly period listed on your conditional
license attachment
If your job or school changes location, you must immediately notify
the DMV. To do this, complete a "Conditional License-Privilege
Attachment" (MV-2020, available at most motor vehicle offices), and
submit it to a state or county motor vehicle office.
CONDITIONAL LICENSE REVOCATION
Your conditional license will be revoked if you are convicted of
violating any condition listed above, or of any moving violation. After
the conditional license is revoked, you may continue to attend the
Drinking Driver Program, but you may 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
(see "Re-licensing After DDP"). 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 also will be revoked if you are convicted or
found guilty of any additional alcohol or drug-related violation, or any
other violation or incident that usually results in license revocation.
If your conditional license is revoked for any of these reasons, 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. You must turn in the revoked
conditional license to a state or county motor vehicle office to receive
credit toward the revocation period.
If you are dropped from the Drinking Driver Program, your conditional
license will be revoked. If this occurs, your original license suspension
or revocation will be reinstated for its full length. You must turn in
your conditional license immediately upon receiving a revocation order.
If you wait, your return to full license status may be delayed.
RE-LICENSING AFTER DDP
If your original license had been suspended, you must:
complete the DDP; go to any state or county motor vehicle office to
have your license restored; pay a $25 suspension termination fee; or, if
your license had been suspended following a violation of the "Zero
Tolerance Law," you must pay a $100 suspension termination fee and a $125
civil penalty; and, pay any required license fees, such as for license
renewal. If your original license had been revoked, you must:
complete the DDP; bring your DDP "Notice of Completion" (MV-2026) and
conditional license to the state or county motor vehicle office that
issued the license; meet all DMV requirements and criteria for
re-licensing; and, pay any required license fees such as for license
renewal, or for any required skills tests for Commercial Driver Licenses.
Please note: Re-licensing after revocation is not automatic. DMV must
review your application.
STATE OF LICENSE STATE OF CONVICTION DESIRED DDP LOCATION WHAT TO DO
NY NY Out-of-state Contact the DIAU for information about equivalent
out-of-state programs. The out-of state program need not be identical in
length or number of sessions as the DDP. After you enroll in an approved
program, bring or mail proof to a NY state or county motor vehicle
office. If you are eligible that office will issue you a conditional
license. If you qualify your license must remain in conditional status
for at least 60 days. NY Out-of-state NY If you have not received an
order of suspension or revocation, it is possible that the DMV has not
received proof of your out-of-state conviction. Contact the DIAU for
information about entering your out-of-state conviction onto the DMV’s
record. When it has been entered, you will be mailed a suspension or
revocation order, and information about the DDP and conditional license
options. Out-of-state NY NY After your alcohol/drug conviction is on the
DMV record and eligibility has been determined, go to a NY state or
county motor vehicle office and enroll in the DDP. At enrollment, you
must present a driving record (abstract) from your home state before the
DMV can issue a conditional driving privilege. Out-of-state Out-of-state
NY This is called a "courtesy" enrollment in the DDP, which may satisfy
another state’s requirements. Check with the other state to verify
whether they will accept the New York State DDP. Bring proof of your
out-of-state conviction to a NY state or county motor vehicle office. No
driving abstract is needed, as a New York license privilege will not be
issued.
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, or 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.
OUT-OF-STATE ISSUES – DDP ENTRY
Most DDP participants are New York State licensed drivers convicted of
alcohol or drug-related driving offenses that occurred in New York State.
To participate in the DDP, those drivers should follow the instructions
previously described in this publication.
The situation of other drivers may fit the "out- of-state"
circumstances summarized above. For each description, proof of alcohol or
drug-related conviction is required. For additional information, contact
the DMV Driver Improvement Adjudication Unit (DIAU, see address in
"Re-Licensing for Non-Participants").
IF YOU DO NOT PARTICIPATE
If you are eligible to participate in the Drinking Driver Program, or
choose not to, you will not be eligible again for the program or a
conditional license for the next five years.
Note the effective date on your "Order of Suspension or Revocation"
(MV-110.1L). Unless you already have turned in your license to the court,
you must turn it in to a DMV office or a county motor vehicle bureau by
this date.
If you do not participate in the DDP, your license suspension or
revocation officially began 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 or the day after you turned in your
license, whichever was later, provided you give the court your most
recent license. If you receive a "Continuation," your suspension or
revocation will begin 20 days after sentencing, and you will begin to
receive credit on the next day. You must then turn in your license at a
motor vehicle office, unless it has already been taken by the court. If
your license is missing, contact a state or county motor vehicle office
for guidance about what to do.
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 will be fined at least $500, and you will be sentenced
to jail or probation. In addition, the police will impound the vehicle
you were driving when arrested.
RE-LICENSING FOR NON-PARTICIPANTS
New York State Licensed Drivers: If your driver license becomes
suspended, it will be restored after the end of the suspension period and
payment of the suspension termination fee described in "Re-licensing for
DDP Participants." You may pay the fee in person at any state or county
motor vehicle office. You may also mail the fee payment to any of these
motor vehicle offices, or to the DMV Driver Improvement Adjudication Unit
(DIAU) at the address below. Your valid photo-license will be mailed to
you after the fee is paid.
If your driver license has been revoked, you must apply directly to
the DIAU for a new license, and pay a non-refundable re-application fee
of $50 and any other license fees as described in "Re-licensing for DDP
Participants." Your application cannot be approved before the minimum
revocation period is served, but the DMV will accept it for review up to
45 days before the revocation ends. If you are placed on probation, you
must present written permission (also called, "probation clearance") from
the sentencing court or your probation officer.
If your driving record contains two or more alcohol or drug-related
incidents in 10 years, the DMV requires written evidence, before your
application will be considered, that substance abuse treatment is not
required or has been successfully completed. Contact the DIAU for a list
of evaluation and treatment providers.
If your license becomes revoked for a second "Zero Tolerance Law"
violation (driving after consuming alcohol, under age 21), the
reapplication fee is $100, and you must pay a $125 civil penalty. You
must also pay a civil penalty fee of $300 ($750, second offense) if you
had refused to submit to a chemical test at the time of arrest.
Send your completed "Application For Driver License" (form MV-44,
available at any motor vehicle office), and a check or money order
payable to the "Commissioner of Motor Vehicles," to:
Driver Improvement Adjudication Unit Department of Motor Vehicles 6
Empire State Plaza Albany, NY 12228 Phone: (518) 474-0774
The DMV will review your driving record and determine if you meet all
re-licensing requirements. You will be notified by mail whether your
application is approved or denied. If your application for license is
approved, you must bring it to a state or county motor vehicle office for
processing. You may be required to pass qualifying tests. After your new
license is issued, you must serve a six-month probationary period.
For Drivers Licensed Outside New York State:
After you complete your period of suspension or revocation, you may
request the restoration of your New York State driving privilege
following the completion of your period of suspension or revocation. Send
a letter to the DMV Driver Improvement Adjudication Unit (DIAU)
requesting restoration (address above). Your letter should include your
full name and date of birth. Also enclose a check or money order of $25
for the restoration fee, payable to the "Commissioner of Motor Vehicles."
You may not resume driving in New York State until the DMV notifies you,
in writing, that your driving privilege has been restored.
If you have been arrested for a DWI in New York you will need to hire a New York DWI Lawyer.
