Department of Motor Vehicles
Changes That Affect Multiple Alcohol/Drugged-Driving Offenders

New regulations that take effect on September 25, 2012 affect drivers with multiple alcohol/drugged-driving related convictions or incidents. The highlights of the regulatory changes are provided below.

• Applicants with two or more alcohol/drugged-driving related convictions or incidents within the preceding 25 years will be required to serve their entire sanction period (suspension or revocation) even if they complete the Drinking Driver Program (DDP).
• Applicants with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years, without a serious driving offense and whose revocation does NOT result from an alcohol or drugged driving conviction or incident, will be denied relicensing for two years in addition to the statutory revocation period, and then will be relicensed with a problem driver restriction for two years. A serious driving offense means a fatal accident; a driving-related penal law conviction; conviction of two or more violations for which five or more points are assessed; or 20 or more points from any violations. (See below for information about the problem driver restriction.)
• Applicants with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years, without a serious driving offense and whose revocation DOES result from an alcohol or drugged driving conviction or incident, will be denied relicensing for five years in addition to the statutory revocation period, and then will be relicensed with a problem driver restriction for 5 years with an ignition interlock.
• Applicants with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years, with a serious driving offense will be permanently denied relicensure, subject to compelling or extenuating circumstances.
• Applicants with five or more alcohol/drugged-driving related convictions or incidents on their lifetime driving record will be permanently denied relicensing, subject to compelling or extenuating circumstances.
  
  

Offense History	DMV Action
Five or more alcohol/drugged driving related convictions or incidents lifetime = "Persistently Dangerous Driver"	Permanent denial (subject to compelling or extenuating circumstances)
In last 25 years, three or four alcohol/drugged driving related convictions or incidents + one Serious Driving Offense (SDO) = "Persistently Dangerous Driver"	Permanent denial (subject to compelling or extenuating circumstances)
If revocation for alcohol-related offense, three or four alcohol/drugged driving related convictions or incidents without any SDO in last 25 years	Deny for five years in addition to statutory revocation period, then relicense with restricted license and interlock for five years.
If revocation for non-alcohol-related offense, three or four alcohol/drugged driving related convictions or incidents without any SDO in last 25 years	Deny for two years in addition to statutory revocation period, then relicense with restricted license for two years, but no interlock.
Two alcohol/drugged driving related convictions or incidents	No full relicensing until end of statutory minimum revocation period, even if DDP

You can also read the Governor's press release about these changes.

The Regulations and FAQs

You can read the new regulations listed below:

• Part 3 - Final - February 13, 2013
• Part 132 - Revised and Final - February 13, 2013
• Part 134 - Final, effective May 1, 2013
• Part 136 - Revised and final, effective May 1, 2013

Also read the frequently asked questions below to help you better understand the regulations.

What happens if I am not eligible for a conditional or restricted license?

You must serve the entire term of your suspension or revocation and then reapply to the DMV for a new driver license.

What is required to apply for a new license after revocation?

You must submit a completed form MV-44 (Application for Driver License or Non-Driver ID Card) and a non-refundable $100 fee to:

The DIU will make a determination based on your driving record, and a response will be mailed to you. The response will include instructions about your next steps.

Can some drivers have their full privileges restored at their local DMV office?

Yes, the following drivers who hold a conditional license can continue to visit a DMV office for restoration of their driving privileges:

• A driver with two alcohol/drugged-driving convictions or incidents within the previous 25 years who has completed the DDP and has served the entire suspension or revocation period, or
• A driver with one alcohol/drugged-driving conviction or incident within the previous 25 years who has completed the DDP.

If I have a conditional license based on one alcohol/drugged-driving conviction or incident, must I serve the minimum suspension or revocation period?

If there is only one alcohol/drugged-driving conviction or incident on your record, you can receive or apply for a new driver license without the need to serve the full revocation period if you first complete the DDP.

What happens if I have a conditional or restricted license and I drop out of the DDP?

Your conditional or restricted license will be revoked. After a review of your driving record, you may be eligible to re-enroll in the DDP and have your conditional or restricted license re-issued.

What happens if my driver license application is denied at the local DMV office?

You can submit a completed form MV-44 (Application for Driver License or Non-Driver ID Card) and a non-refundable $100 fee to:

The DIU will make a determination based on your driving record, and a response will be mailed to you. The response will include instructions about your next steps.

What happens if my application is denied by the DIU?

Follow the instructions in the denial letter from the DIU.

What happens if my application is approved by the DIU?

Follow the instructions in the approval packet response from the DIU.

How can I get a copy of my full lifetime driving record?

To get a copy of your full lifetime driving record, submit a Freedom of Information Law request using form MV-15F (Freedom of Information Law Request Form).

Problem Driver Restriction

What is a problem driver?

Part 136.1 of the Regulations of the Commissioner of Motor Vehicles [15 NYCRR 136.1(b)(1)] defines a problem driver as "an applicant for a driver license or privilege who has had a series of convictions, incidents and/or accidents or has a medical or mental condition, which in the judgment of the commissioner or his/her designated agent, upon review of the applicant's entire driving history, establishes that the person would be an unusual and immediate risk upon the highways."

What is a problem driver restriction?

This restriction will control and restrict your driving. The restriction allows you to drive only:

• To and from your place of employment.
• During the hours of your employment, if your occupation requires the operation of a motor vehicle.
• To and from a medical appointment which is part of a necessary medical treatment for you or a member of your household. You may be required to provide a written statement from your licensed medical provider that verifies the travel is necessary.
• To and from a Motor Vehicle office to transact business related to the license/permit/privilege that contains a problem driver restriction.
• To and from a child's school/day-care if the child's attendance at the school/day-care is necessary for you to maintain employment or to maintain enrollment at an accredited school, college or university or a state-approved institution of vocational or technical training.
• To and from an accredited school, college or university or a State-approved institution of vocational or technical training in which you are enrolled.

These restrictions are outlined on an attachment issued to you by the DMV. You must carry the attachment whenever you operate a motor vehicle.

To which classes of license can a problem driver restriction be applied?

The problem driver restriction can only be applied to a class D license. It cannot be applied to any commercial driver license (CDL) Class A,B or C, junior operator license Class DJ, motorcycle operator license Class M or MJ or a class E driver license.

Can I drive through New York State with my out-of-state CDL license if my New York State record has the problem driver restriction?

No. A driver with a CDL issued in another state cannot operate a commercial motor vehicle in New York State with a problem driver restriction on their New York State record.

Can I drive through New York State with my out-of-state license with the problem driver restriction?

Yes. You must carry your completed, signed and dated problem driver restriction attachment and abide by the problem driver restrictions listed on the attachment.

Is there a cost for this restriction?

No, you will pay the required driver license fees at the DMV office, but there is no additional fee for the problem driver restriction.

Where will the problem driver restriction be displayed?

Your photo driver license or permit will have an A2 restriction displayed on the front of the document, and the words "PROBLEM DRIVER RESTRICTION" will be displayed on the back of the document.

How long will the restriction be in effect? Is there any way I can have the restriction removed early?

If your revocation was due to an alcohol-related incident, the restriction remains in effect for five years from the date you receive your driver license or permit. If your revocation was not due to an alcohol related incident, the restriction remains in effect for two years from the date you receive your driver license or permit.

The restriction cannot be removed earlier.

What happens if I have a moving violation conviction before I obtain my driver license or permit with the problem driver restriction?

The approval for a driver license or permit with the problem driver restriction will be withdrawn.

What if I receive a traffic ticket while I have a problem driver restriction?

If you are convicted of any one of the following violations, your driver license with the problem driver restriction will be revoked:

• Following too closely (tailgating),
• Speeding, speed contest,
• Operating out of restriction,
• Reckless driving, or
• Any two other traffic violations. This includes a seat belt or cell phone violation by the vehicle operator, but does not include parking, stopping, standing, equipment, inspection or other non-moving violations.

Your driver license will be revoked for a minimum of 30 days. You may then apply for to the DIU for a new license and must pay a non-refundable $100 application fee.

Problem Driver Restriction with DMV Mandated Ignition Interlock Device

What is a problem driver restriction with a DMV mandated ignition interlock device?

If your driving history includes alcohol-related violations, you may be required to install an ignition interlock device on any and all vehicles you own and operate. You are also subject to the problem driving restrictions. In addition, your problem driver restriction attachment will indicate that you are required to have an ignition interlock device.

Is the DMV mandated ignition interlock device different from a device ordered by a court under Leandra's Law?

Yes. The DMV mandated ignition interlock is imposed and removed administratively by DMV. An interlock restriction imposed by a court under Leandra's Law is imposed and removed by DMV under the orders of the court and is monitored by the court and designated monitors.

Which ignition interlock device do I need?

Any device that is approved by the New York State Division of Criminal Justice Services. For information see the Ignition Interlock page.

Where can I go to have an ignition interlock device installed?

Visit the Ignition Interlock page at the Web site of the NYS Division of Criminal Justice Services for a list of Service Center locations.

What does the interlock device cost?

For information about installation fees, visit the Ignition Interlock page at the Web site of the NYS Division of Criminal Justice Services.

Do I have to install the device in just my vehicle?

No, devices must be installed in any and all vehicles you own or operate.

For how long must the device be installed?

The device must be installed for five years from the date you receive your driver license or permit.

Can I have the interlock device removed early?

No, you must have the device installed for five years while you have the problem driver restriction.

What happens if I operate a vehicle with no interlock device installed?

You can be issued a traffic ticket for driving out of restriction. If you are convicted, your driver license will be revoked.