Relicensing Rules for Drivers With Alcohol/Drug Offenses (15 NYCRR § 136.5)

A. Key Definitions

1. Alcohol/drug-related incident:

   1. DWI/DWAI, chemical test refusal, certain Penal Law offenses

   2. Under 21 alcohol violations or chemical test refusals

   3. Penal Law convictions where DWI is an element

   4. Chemical test refusals not tied to DWI conviction (Each must be from separate incidents)

2. Serious driving offense:

   1. Fatal accident

   2. Driving related Penal Law conviction

   3. Two or more 5-point violations

   4. 20+ total DMV points (excluding alcohol/drug points)

3. 25-year look back:

   1. The 25 years before the offense that caused the license revocation

4. Revocable offense:

   1. The offense that led to license revocation

   2. DMV reviews the entire lifetime driving record, treating later offenses as if they happened just before the revocation

 

B. Mandatory Denials

1. Four or more lifetime alcohol/drug incidents

   • Application must be denied.

2. Three incidents in 25 years + at least one serious driving offense

   • Application must be denied.

3. Two intoxicated driving convictions with physical injury both times

   • Application must be denied.

   • No discretion to approve.

4. Person later re-offends after receiving a restricted license

   • Permanent ineligibility

 

C. Conditional Denials With Waiting Periods

1. Three incidents in 25 years, no serious offenses, currently revoked

   • Denial for at least 5 years after the revocation period.

   • Afterward, approval may be granted with:

     • 5-year A2 restriction

     • 5-year ignition interlock

   • Driving during waiting period → additional 5 year wait.

   • Later revocation for alcohol/drug offense or fatal accident → permanent ineligibility.

2. Three incidents in 25 years, no serious offenses, not currently revoked

   • Denial for at least 2 years beyond statutory revocation.

   • Afterward, approval may be granted with:

     • 2-year A2 restriction

     • No interlock

   • Driving during waiting period → additional 2 year wait.

   • Later revocation for alcohol/drug offense or fatal accident → permanent ineligibility.

 

D. Discretionary Approvals

1. Two alcohol/drug incidents in 25 years

   • DMV may approve after the statutory revocation period.

2. Alcohol-related fatal accident

   • DMV may approve after statutory revocation with:

   • 3-year A2 restriction

   • 3-year ignition interlock

 

E. Special Procedural Rules

1. Denials must be in writing

2. DMV may consider extenuating circumstances

3. Approvals under discretion may include:

   • Problem driver restrictions

   • 5-year ignition interlock

4. Application paused if pending alcohol/drug charges

5. Approval rescinded if the applicant drove before the license was reinstated

6. This discretion does not apply to the mandatory denial for two injury-causing DWI convictions

 

 

4. Safety Risk Evaluation (15 NYCRR § 136.6)

This section requires the DMV to evaluate overall safety risk before approving relicensing.

 

Factors typically include:

• Entire driving history

  • Time since prior offenses

  • Patterns of unsafe behavior

  • Compliance with prior sanctions

  • Evidence of rehabilitation

  • Severity and frequency of past violations

 

• Even if an applicant meets minimum eligibility, the DMV may:

  • Deny relicensing for safety reasons, or

  • Impose additional restrictions to protect the public.