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  • Alan J. Schwartz

How to Get Your NYS License Re-Instated after a DWI


If you have pleaded guilty to various sections of 1192 in New York, which refers to driving while intoxicated (DWI), there are specific steps you need to take to get your driver's license back. Here are some general steps that you may need to follow:

  • Complete any court-ordered sanctions: The court may have ordered you to complete certain sanctions, such as community service or alcohol/drug treatment. You will need to complete these requirements before you can get your license back.

  • Pay any fines or fees: You may be required to pay fines, fees, or surcharges related to your DWI conviction. Make sure that you have paid all of these fees before applying for your license.

  • Serve any suspension or revocation period: Depending on the severity of your offense, you may have had your driver's license suspended or revoked. You will need to serve this suspension period before you can get your license back.

  • Complete the DMV's Drinking Driver Program (DDP): The DMV requires that anyone who has been convicted of a DWI offense complete the DDP before getting their license back. This program is designed to educate drivers about the risks of driving under the influence of drugs or alcohol.

  • Obtain an Ignition Interlock Device (IID): Depending on the circumstances of your case, you may be required to install an IID in any vehicle that you own or operate. The IID is a device that prevents you from starting your car if you have alcohol on your breath.

  • Apply for a new driver's license: Once you have completed all of the necessary requirements, you can apply for a new driver's license at your local DMV office. You will need to provide proof of identification, proof of insurance, and any other documentation that the DMV requires.


The steps that need to be taken to get your driver's license back after pleading guilty to a subsection of Section 1192 in New York may vary depending on the specific offense. Here is a brief overview of the different subsections of Section 1192 and the potential steps that may be required:


Driving while ability impaired by alcohol (DWAI/Alcohol) - This offense is a violation, not a misdemeanor or felony, and typically carries a penalty of a fine, a suspended license for 90 days, and completion of a DDP. You will need to complete the DDP and pay any fines and fees before your license is reinstated.


Driving while intoxicated (DWI) - This offense is a misdemeanor and carries a penalty of a fine, a suspended license for at least six months, and completion of the DDP. You may also be required to install an IID. You will need to serve the suspension period, complete the DDP, install the IID if required, and pay any fines and fees before your license is reinstated.


Aggravated driving while intoxicated (Agg-DWI) - This offense is a misdemeanor and is charged when the driver's blood alcohol content (BAC) is 0.18% or higher. The penalties are similar to those for DWI, but the suspension period is longer, typically one year or longer. You will need to serve the suspension period, complete the DDP, install the IID if required, and pay any fines and fees before your license is reinstated.


Driving while ability impaired by drugs (DWAI/Drugs) - This offense is a violation, not a misdemeanor or felony, and carries a penalty of a fine, a suspended license for at least six months, and completion of the DDP. You will need to serve the suspension period, complete the DDP, and pay any fines and fees before your license is reinstated.


Driving while ability impaired by a combination of drugs and alcohol (DWAI/Combination) - This offense is a violation, not a misdemeanor or felony, and carries a penalty of a fine, a suspended license for at least six months, and completion of the DDP. You will need to serve the suspension period, complete the DDP, and pay any fines and fees before your license is reinstated.


It's important to note that these are just general guidelines, and the specific steps that you need to take to get your license back may vary depending on the details of your case. It's best to consult with a qualified attorney who can advise you on the steps you need to take to get your license reinstated after a DWI conviction in New York.


Please also note that a Judge can always impose harsher conditions, like incarceration and/or probation, so if you are charged with a DWI offense, it is very important to retain experienced counsel.

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