How to Get Your License Back After a DWI in New York

Driving While Intoxicated (DWI) or Driving While Ability is Impaired (DWAI) in New York involves operating a vehicle while having a Blood Alcohol Concentration (BAC) of 0.08% or higher or while impaired by drugs, alcohol, or both.

A DWI violation is a criminal offense with possible penalties, including license suspension by the New York State Department of Motor Vehicles (NYSDMV) and the courts, fines, community service, DWI programs, and potential jail time. A New York DWI can disrupt employment, legal and financial responsibilities, and other long-term penalties.

Step 1: Know the Terms of Your Suspension

A DWI or DWAI offense in New York attracts administrative and court-ordered driving license suspensions. The New York Department of Motor Vehicles will impose an administrative suspension, while an additional suspension may result as part of sentencing for a criminal conviction..

In New York, DWI and DWAI offenders become eligible for license reinstatement after serving their sentences. However, they may be eligible for Hardship Licenses if they complete the New York Department of Motor Vehicles Impaired Driver Program (IDP).

Step 2: Fulfill Court and DMV Requirements

In New York, the NYDMV and court-ordered actions for DWI and DWAI offenses are separate. The New York Department of Motor Vehicles will suspend or revoke the licenses of drivers who fail or refuse to take chemical tests during lawful arrests for DWI or DWAI offenses. In contrast, the courts handle criminal penalties resulting from DWI or DWAI violations. For a DWI or DWAI offense, the court will impose an additional suspension (separate from the administrative actions by the New York Department of Motor Vehicles). Additionally, court actions for DWI and DWAI violations may include fines, community service, Impaired Driver Programs, and jail time.

Although the suspension and court-imposed suspension of the New York Department of Motor Vehicles are distinct, they run concurrently, and drivers serve them at the same time.

Step 3: Complete a DWI Education or Treatment Program

New York requires individuals with two or more alcohol/drug-related driving violations within 25 years on their driving record to undergo alcohol evaluation and or treatment within one year from the date of the final review. In New York, the main intervention program for DWI and DWAI violations is the Impaired Driver Program (IDP). The court or the NYDMV may order it as part of the conditions for eligibility for a Conditional License. The IDP program consists of 2 to 3-hour weekly sessions spanning 7 weeks or more.

Enrollment for the New York IDP program is in person at the NY DMV program locations. Applicants pay a non-refundable $75.00 and up to $233.00 in program fees.

After preliminary screening, evaluators may refer those at risk for OASAS-approved substance abuse assessment and possible outpatient treatments. After completing the program, IDP providers will issue certificates of completion and send them to the NYDMV. These certificates are essential for conditional and full license reinstatement.

Step 4: Get SR-22 Insurance or Equivalent

An SR-22 is a certificate of financial responsibility that insurance companies file with states as proof that named individuals have the minimum liability coverage required by law. New York does not request an SR-22 as proof of liability coverage after a DWI or DWAI offense. It uses the DL-123 forms as proof of insurance for license reinstatement or eligibility for a Conditional License. Unlike the SR-22, the DL-123 is a one-time use and does not provide continuous monitoring like the SR-22. Drivers in New York need to maintain the minimum required liability coverage of:

• $10,000 for property damage for a single accident
• $25,000 for bodily injury and $50,000 for death for a person involved in an accident
• $50,000 for bodily injury and $100,000 for death for two or more people in an accident.

Although New York does not require SR-22 coverage for DWI or DWAI incidents, offenders in New York may need one when leaving New York for other states that require SR-22 certificates. Notwithstanding the non-requirement of SR-22 in New York, DWI and DWAI violations can raise auto insurance premiums.

Step 5: Pay Reinstatement Fees

Reinstating a driver's license after a DWI or DWAI suspension in New York involves fees, the exact amount of which depends on the reasons for the suspension. The standard license reinstatement fees in New York include:

• Suspension Termination Fee - $50.00
• Re-application Fee - $100.00
• Civil Penalties Fee (for driving without insurance or refusing a chemical test) - $750.00 for no insurance and $500.00 for refusing a chemical test for the first time, or $750.00 if there is a previous refusal
• Driver Responsibility Assessment (DRA) - $300.00 to $750.00, depending on the number of points on the driving record.

The table below gives the various fees for license reinstatement in New York.

The NYDMV accepts credit and debit card payments through its MyDMV Portal or in-person office payments. Applicants can also pay with checks or money orders through mail-in or in-person visits.

Step 6: Submit Your License Reinstatement Application

Applicants for license reinstatement in New York can submit their applications online, by mail, or in person. To submit a license reinstatement application online:

• Create an account, sign in to the NYDMV MyDMV Portal, and navigate to the "Restore Driving Privilege" section
• Verify eligibility for instant approval and instructions to request restoration online or visit a DMV office (if necessary)
• Pay the applicable fees through the MYDVM Portal.

Alternatively, for in-person submission:

• Schedule an appointment through the New York Department of Motor Vehicles Reservation System
• Visit the DMV office with a valid identity document, proof of insurance, completion certificates (for example, Alcohol and Drug Program or Impaired Driver Program), and paid fee receipts
• Submit all documents and pay applicable fees.

For mail submission of a reinstatement application:

• Download and complete Form MV-44 (or DS-115 for out-of-state license holders)
• Attach all applicable documents (course certificates, insurance proof, and court or probation documents)
• Enclose a $100.00 money order or check payable to the Commissioner of Motor Vehicles
• Mail the application to:
  Driver Improvement Unit - NYS DMV
  6 Empire State Plaza, Room 336,
  Albany,
  NY 12228.

What If You Are Denied License Reinstatement in New York?

The New York Department of Motor Vehicles may deny a license reinstatement request for reasons including:

• Non-payment of fees or civil penalties
• Failure to complete mandatory programs
• Outstanding court-related issues, such as failure to appear in court or active traffic tickets
• Previous serious driving history
• Serious vision or medical issues
• Lack of liability coverage.

If the NYDMV rejects an application for reinstatement of a license after a DWI or DWAI, the applicant should:

• Review the denial letter carefully to ascertain the reasons for the rejection
• File a request for an administrative review if there are reasons to believe that the denial was a procedural or factual error. Applicants should write to:
  The Driver Improvement Unit - NYS DMV
  6 Empire State Plaza, Room 336,
  Albany,
  NY 12228.
  The petition should include name, date of birth, driver's license number, and other supporting documents
• If the DMV still denies the application after an administrative hearing, download and complete an Appeal Form AA-33A and petition the DMV appeal board within 30 days from the date of the hearing decision at:
  DMV Appeals Board
  P.O. Box 2935,
  Albany,
  NY 12220-0935.
• If the denial letter contains a date for re-application, correct any outstanding issues and use Form MV-44 to reapply after its expiration or between 60 days before the date.

Hardship Licenses: Driving with Limited Privileges

New York offers two types of limited driving privileges for individuals under suspension for DWI and DWAI violations within the state, allowing them to drive for essential purposes such as work, school, and medical appointments. These include:

• Hardship Privilege License (for offenders awaiting conviction) - to obtain this permit, an offender must request a hardship hearing through the court within 3 days of arraignment. The applicant must also demonstrate a complete lack of alternative transportation for their essential commuting needs.
• Confidential License (post-conviction) - DWI and DWAI offenders can apply for this permit after completing a portion of the Impaired Driver Program. Additionally, an applicant must not have received a Conditional License within the previous 5 years or have any serious vehicular conviction that will disqualify them.

Holders of New York hardship licenses should note that they can only drive for the purposes outlined by the courts. Breaking these terms will result in revocation and could lead to jail time.

How Long Does It Take to Get Your License Back After a DWI?

How long it takes to get a license back after a DWI or DWAI conviction in New York depends on:

• The number of violations within the previous 25 years
• Compliance with the DMV, court, and treatment requirements
• Eligibility for a conditional license during the revocation period
• Whether the license is under suspension or revocation.

The New York Department of Motor Vehicles will reinstate licenses after DWI or DWAI offenders serve the full suspension or revocation periods. However, they may be eligible for Conditional Licenses within these periods. The table below gives a realistic timeframe for license reinstatement after DWI or DWAI suspension in New York.

Note: Offenders must fulfill the requirements before obtaining conditional licenses and full reinstatement.