Penalties for multiple offenders

  • The Drinking Driver Program (DDP) is now called the Impaired Driver Program (IDP).  As this new name is being implemented, you may see the two names interchangeably.

 

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 Impaired Driver Program (IDP) (previously known as Drinking Driving Program (DDP))and will be required to submit proof of rehabilitation.

Penalties for multiple offenders
Offense HistoryDMV 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 IDP 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 Permit, Driver License or Non-Driver ID Card (MV-44) and a non-refundable $100 fee and any pertinent items below with your application.

  • If your sentence from a court includes serving a term of probation and the conditions include restrictions on reapplying for a license /privilege, you must provide:
    • A copy of your conditions of probation and a letter granting permission to apply for a driver license from the court that sentenced you or from the probation office that you must report to.  The letter must be on court or probation letterhead; or
    • If your probation was terminated, you must provide a letter from the court/probation department on their letterhead, that states the date your probation was terminated; or
    • If the conditions of your probation do not include a driving restriction, you must provide a copy of the conditions.
  • If you have two or more alcohol/drugged driving convictions in 25 years, you are required to complete an alcohol evaluation and or treatment within one year from the date of the final review.  Your provider must electronically notify DMV of your successful completion.  Paper proof submitted by you will not be accepted.  You can find acceptable evaluation and treatment providers within NYS by accessing the NY State Office of Alcoholism and Substance Abuse Services (OASAS) website at  www.oasas.ny.gov. Click on the "FIND A PROVIDER" link located in the top box on the right-hand side. Click on the type of program: "Providers of Clinical Screening and Assessment Services for Impaired Driving Offender" to search for a list of OASAS approved providers of clinical services for impaired driving offenders in your area. You can search for approved providers by county, city or zip code. If you do not have access to the Internet, please call the OASAS HOPE line at 1-877-846-7369. This toll-free line operates 24 a day, seven days a week.

    When choosing an alcohol or drug evaluation/treatment provider, please be aware that the provider must appear on the listing.  A provider will not be accepted unless they have been approved by OASAS.  To get on this approval list the provider must contact OASAS at 1-800-482-9564 for instructions.

    For services provided outside of New York State, the provider must be on the approved list of providers on the Substance Abuse & Mental Health Service Administration (SAMHSA) website at https://findtreatment.samhsa.gov.   The provider will need form DS-449 “Alcohol and Drug Abuse Rehabilitation Program Summary”.  They may contact Driver Improvement Unit, 6 Empire State Plaza, Room 336, Albany, NY 12228 or by fax at (518) 473-8229, to obtain this form.
  • If you owe any DMV fees (suspension termination fee, civil penalty or Driver Responsibility Assessment (DRA)), they must be paid before applying for a license or the processing of your application will be delayed.  For information on how to pay DMV fees, visit our website at dmv.ny.gov and select the topic labeled Tickets, Points and Penalties.
  • If you are currently suspended for failing to pay child support, before you may proceed with applying for a new driver license, you must contact your local child support collection unit to make a payment and to have the suspension cleared.  By law, DMV cannot clear a child support suspension unless directed to do so by the Office of Temporary Disability (OTDA).  Once OTDA electronically notifies DMV to clear the suspension, you may continue with submitting your application for relicensing.  Failure to follow these directions will result in the delay of processing your application for relicensing due to open suspension(s) on your record.
  • If you are currently suspended for failing to pay New York State taxes, before you may proceed with applying for a new driver license, you must contact the NYS Department of Tax and Finance (DTF) or call (518) 862-6000 to make a payment and to have the suspension cleared by law, DMV cannot clear a delinquent tax suspension unless directed to do so by DTF.  Once DTF electronically notifies DMV to clear the suspension, you may continue with submitting your application for relicensing.  Failure to follow these directions will result in the delay of processing your application for relicensing due to open suspension(s) on your record.
  • If you are currently suspended for failing to file an acceptable accident report with DMV, before you may proceed with applying for a new driver license, you must fax a completed Report of Motor Vehicle Accident, (form MV-104) to (518) 474-0718.  Once this form is processed, you may continue with submitting your application for relicensing.  Failure to follow these directions will result in the delay of processing your application for relicensing due to open suspension(s) on your record.
  • If you have an open traffic tickets or owe fines to a court, you must contact the court of record.  Outstanding tickets need to be addressed and all fines need to be paid before you may apply for a license.  Once the court notifies DMV that the tickets have been satisfied, you may continue with submitting your online request for relicensing.

Mail your application, the $100 reapplication fee by check or money order made payable to “Commissioner of Motor Vehicles” and court/probation documentation, if applicable 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 lifetime driving record, and a response will be mailed to you. The response will include instructions about your next steps.  Those instructions are also outlined below whether your application is denied or approved.  

NOTE:  Motorists who have previously held a learner permit, driver license from another state or jurisdiction or who have had convictions /incidents of alcohol/drugged driving in another state or jurisdiction, will be sent an additional form to complete.  This form must be completed and returned to the Driver Improvement Unit before a final review can be completed.  

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 IDP 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 IDP


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 IDP.


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

Your conditional or restricted license will be revoked. After a review of your driving record, you may be eligible to re-enroll in the IDP 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 Permit, 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?

You have the following four options (these options are also printed on denial letters issued by DIU):

  1. Accept the denial and take no further action.  If there is a date printed on your denial letter that advises when you may reapply, you may submit a reapplication up to 60 days before that date.
  2. Request reconsideration of the denial by submitting the Request for Relicensing Reconsideration After Denial form included as part of your denial letter to:  NYS DMV, Driver Improvement Unit, 6 Empire State Plaza, Room 338, Albany, NY  12228 WITHIN SIXTY (60) DAYS OF THE DATE OF YOUR DENIAL LETTER. If you select this option please read and follow the directions below as you may submit all your unusual, extenuating and compelling circumstances only once per relicensing application.  Please note that unusual, extenuating and compelling circumstances must meet all three criteria to be successful.

    IF, you have unusual, extenuating and compelling circumstances that you believe would form a valid basis for the Department to deviate from the general revocation policy and justify approval of your driver license application:
    • You must explain in detail each circumstance;
    • You must provide credible, verifiable documentation to support all circumstances claimed.  For example, if you need a license to drive yourself or a family member to necessary medical treatment, you must provide documentation verifying and explaining the nature of the medical condition, the need to attend necessary appointments related to the condition or treatment and proving there is no other transportation (including affordable private and public transportation) that may be used to get to the medical appointments.

      Credible, verifiable documentation – is documentation from a third party (not a relative) that supports your claim.  Some examples are: letter/statement supporting your claims from your physician, employer, religious official, government official, professors, counselors, public transportation schedules, routes and/or maps, receipts, medical bill, appointment schedules, etc.

      If you do not provide credible, verifiable documentation for each circumstance claimed, your request will be denied.

      Please note:  unusual, extenuating and compelling circumstances alone do not warrant granting an approval.  If your driving history is indicative of a continued risk to highway safety, your application for relicensing may not be approved even with extenuating circumstances.
    • Requests For Relicensing Reconsideration After Denial sent to the Driver Improvement Bureau must include any documentation that was submitted with your initial application regarding unusual, extenuating, and compelling circumstances.
    • If the letter to the Driver Improvement Bureau is late, it will not be considered, and the denial you received will be FINAL.  Your request/letter must be submitted to the Driver Improvement Bureau WITHIN SIXTY (60) DAYS OF THE DATE OF YOUR DENIAL LETTER.  If it is received after the 60 days it will be rejected.
  3. SUBMIT AN APPEAL OF YOUR REVOCATION TO THE DMV APPEALS BOARD.  To submit an appeal, mail the appeal form, appeal and a copy of your denial letter to the DMV Appeals Board WITHIN SIXTY (60) DAYS OF THE DATE OF YOUR If it is received after the 60 days, your appeal request will be rejected.
    • By law, the Appeals Board is not authorized to consider an appeal that is filed in an untimely manner, or to review any arguments or materials that have NOT been previously submitted to and considered by the Driver Improvement Bureau.   Do not submit claims of unusual, extenuating and compelling circumstances to the Appeals Board.
  4. SUBMIT ANOTHER APPLICATION FOR RE-LICENSURE TO THE DRIVER IMPROVEMENT UNIT
    Although you may submit an application for a new driver license at any time, please be aware the Driver Improvement Unit will review your entire driving history based upon the same standards that resulted in the previous denial. Each application is also subject to the statutory $100 fee.  You may submit additional applications to the address mentioned above.

 


What happens if my application is approved by the DIU?

For revoked NYS driver license holders who were approved for relicensing following a revocation, you, cannot drive until your new NYS driver license is issued by a DMV issuing office.   You may be required to take vision, written and/or road tests to qualify for a new license.    

You will receive an approval packet from the Driver Improvement Unit.  This packet contains instructions specific to you.  Follow the instructions to apply for your new driver license.  Depending on your NYS driver license record you may be approved with a Problem Driver Restriction and an Ignition Interlock Device (IID).  You may be required to install and maintain an Ignition Interlock Device on any, and all vehicles you own or operate prior to going to your local motor vehicles office to apply for your permit/license.

For information about how to obtain an ignition interlock device and have it installed, please visit http://www.criminaljustice.ny.gov/opca/ignition.htm .  In the center of the page you will find tabs for Forms, Regulations/Laws, Manufacturers/Vendors and Interlock Devices.  Select the Manufacturers/Vendors tab for information regarding manufacturers and installers and select the Interlock Devices tab for available models and fees. 

After you have the ignition interlock device installed, you are required to bring all of the following items from the approval packet you receive from Driver Improvement to any local Motor Vehicles Office in order to apply for your permit/license:

 

  • The approval notice
  • The Application for Driver License or Non-Driver ID Card (Form MV-44)
  • The completed “Department of Motor Vehicles Ordered Interlock Device Installation Confirmation”
  • Proof of name and date-of-birth
  • Social Security Card

 

The problem driver restriction and ignition interlock device is required under the authority contained in section 3.2(4) (c) of the Regulations of the Commissioner of Motor Vehicles.  You are required to install and maintain an Ignition Interlock Device for a period of five years in all motor vehicles that you own or operate.  After you are relicensed, you may not drive any vehicle that does not have the interlock device installed except during the hours of employment, and only if your occupation requires the operation of a motor vehicle.    Your employer must provide you with signed documentation, on company letterhead, advising they have knowledge of the ignition interlock restriction and grant permission for you to operate the vehicle for business purposes without the device.  You must carry this documentation with you when operating the employer’s vehicle. 

Drivers with an A2 Problem Driver restriction may operate a vehicle only under the following restrictions:

  • To and from place of employment or education; during the course of employment or education, when required.  If driving for employment, your employer must provide you with signed documentation, on company letterhead, advising they have knowledge of the interlock restriction and grant permission for you to operate the vehicle, for business purposes without the device.  You must carry this documentation with you when operating the employer’s 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 practitioner that verifies such travel.
  • To and from DMV offices in conjunction with the amendment of your driver's license with the problem driver restriction.
  • To and from a place including a school, at which the child or children are cared for on a regular basis and which is necessary for the holder to maintain such holder's employment.
  • Enrollment at an accredited school, college or university or a State-approved institution of vocational or technical training.

 

These restrictions will remain in effect for a period of five years from the issuance of the document.  Should you incur any violations/convictions, the approval may be withdrawn and favorable consideration may not be given to any future request for restoration of your New York State Driver license.

 

If you are licensed by another state and you receive approval for restoration of your NYS driving privilege, you may resume driving in NYS if you have a valid out-of-state driver license.

 

Note:  Regardless if you are applying for a NYS driver license or driving privilege, any additional convictions of moving violations or other incidents added to your driving record can make you ineligible for approval or may delay the approval process.


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-FOIL).