License Taken Away After a DUI
If you have been penalized by getting your license taken away after a DUI, you may be feeling stressed and overwhelmed because you are no longer able to get to work or run errands or provide for your family like you need to. Our Buffalo traffic violation attorney can help you with this difficult legal situation.
Suspension And Revocation
Suspension is having your license taken away for a period before it is returned to you. You may be required to pay a suspension termination fee to get it back. Revocation is more severe. It means that your license has been voided. Revocation terminates your license indefinitely or for a specified amount of time. Once the revocation period is over, you must re-apply to the Department of Motor Vehicles (DMV) to obtain a new license and pay a license re-application fee. Your application may be denied if you have a bad driving record or fail to meet other DMV requirements. New York State considers it a criminal misdemeanor offense, which means that if you are convicted of driving on a suspended license, you will have a criminal conviction. This will not go away. This will stay with you the rest of your life. It is important that you have an attorney at every stage of appearing in front of a judge on a suspended license.
Getting Your License Taken Away
In the state of New York, your license can be suspended or revoked for a host of reasons. Some include the following:
- Accumulation of points: If your driving record accumulates 11 or more points within an 18-month period, you may face suspension by either the DMV or a judge.
- Failure to answer a traffic summons: When a traffic summons is given, failure to respond within the time limit can result in a revoked or suspended license.
- Failure to pay fines: If you refuse to pay mandatory fees, such as surcharges, suspension-termination fees or crime victim assistance program fees, your license may be suspended or revoked.
- Payment with a bad check: Submission of a bad check to the DMV is cause for suspension in New York.
- Driving while ability impaired by a drug (other than alcohol) (DWAI-Drug): This results in an automatic six-month license suspension.
- Driving while ability-impaired by alcohol (DWAI-Alcohol): This results in an automatic 90-day license suspension.
- Revocation is mandatory in the following situations:
- DWAI committed within five years of any previous DWAI: Six-month revocation
- Driving while intoxicated (DWI): Six-month revocation
- Three speeding violations committed within 18 months: Six-month revocation
- Leaving the scene of a fatal or personal injury accident: Six-month revocation
- Refusal to submit to a chemical test: One-year revocation
- Conviction for uninsured operation or permitting uninsured operation: One-year revocation
If you are struggling with getting your license taken away after a DUI, please call our Buffalo traffic violation attorney, Arthur Pressman, today for a free consultation.