Conditional Driver’s License

What is a Conditional License?

A conditional license is a special license that permits you to drive for all work related activities as well as to and from daycare for your children, to and from scholastic activities, and to and from medical treatment.

QUESTION OFTEN ASKED: If I lose my license can I get a Conditional License?

That depends on why you lost your license and whether you have lost your license before. Not everyone is eligible for a conditional license. This is an extremely complicated area of DMV Law. In choosing a DWI or traffic attorney you should do so with great care and make sure they are experienced in this particular area of practice.

After my alcohol related conviction am I eligible for Conditional License?
In order to become eligible for a conditional license, with one exception, you must first be convicted of an alcohol related operating offense. You must then enroll in the New York State DMV Drinking Driver Program (DDP). If you enroll and continue to participate in a DDP program, including any additional treatment mandated by the program, you will receive and continue to enjoy the conditional license.

An exception to the rule.

The one exception is where your license has been suspended during your case (suspension pending prosecution) as a result of a blood, breath or urine test which is .08% or greater. In this situation, you will receive a conditional license without taking classes.

How it works.

This can usually be obtained after waiting a 30 day period and is known as a pre-conviction conditional license which will last during the pendency of your case. Once your case is completed, and if you are eligible, you will then be issued a post-conviction conditional license. However, you must be aware that you will not receive a conditional license either prior to or subsequent to a conviction if you have been convicted of an alcohol related operating offense in the past five years or have been revoked for refusing to submit to a chemical test in the proceeding five years.

Conditional Licenses: Q&A

Q: Can I get a conditional license if I refuse to take a chemical test?

No. There is no conditional license offered for a refusal. If however, you are convicted of an alcohol related operating offense and your revocation for refusing to submit to a chemical test is still in effect and, you are eligible to receive a conditional license, you may be able to obtain such a license.

Q: Is everyone who is convicted of an alcohol offense and attends the DDP, eligible to receive a conditional license?

No. If you have been convicted of an alcohol related operating offense within five years of your arrest, or had your license revoked for refusing to submit to a chemical test within five years of arrest, you cannot obtain a conditional license.

Q: But what if I must drive for work and have been convicted within five years. Are there exceptions?

No. This is an absolute situation. Anyone who tells you differently is simply wrong.

If you have been arrested for an alcohol related driving offense, it is extremely important that you consult an experienced DWI attorney. Contact my office for a FREE consultation at your earliest convenience.