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Must Read Before you take a Plea on a DWI if you had a prior (DWI, DWAI, DUI or Driving While Impaired as a traffic infraction)

Important New DMV regulations took effect September 25, 2012

  1. Applicants with 2 or more alcohol/drug-driving related convictions within the preceding 25 years will be required to serve their entire sanction period (suspension or revocation) even if they complete the DDP.
  2. Applicants with 3 or 4 alcohol/drug-related driving offenses within the preceding 25 years, WITHOUT a serious driving offense (“SDO”) and whose revocation does NOT result from an alcohol or drug driving offense, 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.
  3. Applicants with 3 or 4 alcohol/drug-driving related offenses within the preceding 25 years, WITHOUT a SDO and whose revocation DOES result from and alcohol or drug-driving related offense, 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 five years with an ignition interlock.
  4. Applicants with 3 or 4 alcohol/drug-driving related offenses within the preceding 25 years, WITH a SDO will be permanently denied relicensing, subject to compelling or extenuating circumstances.
  5. Applicants with 5 or more alcohol/drug-related driving offenses on their lifetime driving record will be permanently denied relicensing, subject to compelling or extenuating circumstances.
  • A serious driving offense, or SDO, is defined as a fatal accident; a driving-related penal law conviction; conviction of 2 or more violations for which 5 or more points are assessed; or 20 or more points from any violations.

These are consequences that the Court will not advise you of. They are DMV regulations. This is why it is so important to hire an attorney that SPECIALIZES in DWI defense. Nobody likes surprises. At Lerner and Lerner, we will walk you through each step of the process and there will be no surprises.