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Penalties for multiple offenders

New regulations took effect on September 25, 2012 that affect drivers with multiple alcohol/drugged-driving related convictions or incidents. The highlights of how these changes affect persons applying for a driver license after their license is revoked are provided below.

  • Applicants with three or four alcohol/drugged-driving related convictions or incidents within a 25 year period, 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 is 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.

  • 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 a driver license, unless there are 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 a driver license, unless there are compelling or extenuating circumstances.

  • 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) and will be required to submit proof of rehabilitation.

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 a 25 year period, 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)

Revoked for alcohol-related offense, three or four alcohol/drugged driving related convictions or incidents without any SDO in a 25 year period.

Deny for five years in addition to statutory revocation period, then relicense with restricted license and interlock for five years.

Revoked for non-alcohol-related offense, three or four alcohol/drugged driving related convictions or incidents without any SDO in a 25 year period

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 is completed.


For more information, you can read the Governor's press release about these changes.  You can also read the Regulations. 

  • 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

 

Frequently asked questions

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

Driver Improvement Unit
NYS DMV
6 Empire State Plaza, Room 338
Albany, NY 12228
(518) 474-0774, Option #5 (Phone Hours: M-F, 8:30 – Noon)
FAX (518) 474-6208

The Driver Improvement Unit (DIU) will make a determination based on your entire 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 Application for Driver License or Non-Driver ID Card (MV-44) and a non-refundable $100 fee to:

Driver Improvement Unit
NYS DMV
6 Empire State Plaza, Room 338
Albany, NY 12228
(518) 474-0774, Option #5 (Phone Hours: M-F, 8:30 – Noon)
FAX (518) 474-6208

The Driver Improvement Unit (DIU) will make a determination based on your entire 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, you must submit a Freedom of Information Law request using a Freedom of Information Law Request Form (MV-15F).