For many motorists, the driver's license suspension or revocation that goes along with an arrest and/or conviction for driving while intoxicated, or DWI, is much more troublesome than the potential jail sentence. Given the fact that most people drive to work or school on a daily basis it is understandable that losing the ability to drive would create significant problems. If you have been arrested for DWI in Queens, New York and your driving privileges have been revoked you may be wondering when you can get your license back. The answer to that depends on a variety of factors.
Your driving privileges can be revoked because you were charged with a DWI, convicted of a DWI, or because you refused a chemical test in Queens. The refusal revocation stems from New York's implied consent law. When you receive your New York driver's license you give your implied consent to submit to a chemical test when arrested for DWI. Although you can refuse the test, the law allows the administrative revocation of your driver's license for refusing. Your license will be revoked for one year for a fist time refusal. You do have the right to a hearing if you believe that you did not refuse the test; however, you must request the hearing within a short period of time after the alleged refusal or you lose your right to the hearing. If you win at the hearing your privileges will continue without change.
In Queens, the court can revoke your driving privileges based solely on the fact that you were charged with DWI under a few different circumstances. If you did submit to the chemical test, for example, and blew a 0.08 or higher, the court can revoke your driving privileges immediately. You may, however, qualify for an extreme hardship exception to the complete revocation of your privileges. If you qualify, you may be allowed to drive to and from work or school.
If your driver's license was revoked for a Queens DWI conviction you will usually lose your privileges for six months to a year for the first conviction and a minimum of one year for a subsequent conviction unless you were under the age of 21 at the time. New York's zero tolerance law allows the revocation of your driving privileges until you turn 21 or for one year (whichever is longer) if you are convicted of DWI prior to age 21.
Because there are so many ways your license can be revoked, and so many variables that determine when you will get your license back, consult with SIMON & GILMAN, LLP right away to determine what options you have.