Conditional Licenses for New York Licensed Drivers Convicted of DUI in New Jersey

Often times, theWolf Law represents individuals who are convicted of driving under the influence (“DUI”) in New Jersey but who are licensed in another state.  While New Jersey will not permit conditional driving privileges under any circumstances, it may be possible for those individuals who are licensed in New York to receive a conditional license from the New York DMV.

Pursuant to New York State VTL §1196 (7), an individual that is convicted of DUI in another state may be issued a conditional license, provided they participate in what is known as the Drunk Driver Program (also known as DDP).  The DDP is a 16-hour educational and rehabilitative program.  To enroll in the DDP, an out-of-state DUI applicant must first wait until the New York DMV enters proof of the out-of-state DUI conviction in their system.  The NY DMV will then mail the individual an Order of Suspension or Revocation along with information regarding enrolling in the DDP.  Applicants are generally eligible to participate in the DDP as long as they have not been convicted of DUI in the last five years.  The program, however, is not available for those convicted of a refusal.  

A DWAI conviction in New York carries a 90-day license suspension while a DUI conviction in New York carries a minimum six-month suspension.  During the period of suspension, an individual that is granted a conditional license may drive to and from:

1. Work;

2. A drug or alcohol rehabilitation program;

3. School;

4. Probation;

5. The DMV;

6. Medical care; and/or

7. Your child’s care provider.

The conditional license is different from the “hardship privilege, which allows a person, upon a finding of “extreme hardship,” to drive while their DUI case is pending in New York courts. A conditional license, on the other hand, is granted by the NY DMV and not by the court.

If you are admitted into the DDP, you will not be permitted to operate a motor vehicle under the conditional license in another state, unless that state permits such operation.  As New Jersey does not have a similar program, you would not be permitted to drive in New Jersey during the term of your suspension here.

If you are licensed out of state and have been convicted of a DUI in New Jersey, contact theWolf Law today at (732) 741-4448 to discuss your case.