Criminal DWI Charge in New York – New Rules

Upon a conviction in New York for a criminal DWI charge (Misdemeanor or Felony), attorneys and their clients have become accustomed to having the court grant what has become known as a “twenty day order”. This gives the convicted motorist a twenty day extension of their driving privilege before the license revocation begins.

This means the motorist could continue operating a motor vehicle for an additional twenty days to give them time to enroll in the New York Drinking Driver Program (DDP) and qualify for a conditional license.

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Additionally, with the Ignition Interlock Device (IID) requirement, the
motorist is given ten days to have the IID installed.

The result of these two “extensions” working together is that the convicted motorist has been granted a twenty day grace period to enroll in the DDP……… the first ten without having the IID installed.

THIS IS NO LONGER THE CASE

The position of the New York Department of Motor Vehicles has changed. The motorist is still eligible for the “twenty day order”, however, they will be required to have the IID installed IMMEDIATELY while taking advantage of the grace period. Effectively the motorist can not drive home from the court after sentencing without having the IID installed. They will still have unrestricted driving privileges during the grace period as long as the IID is installed on any vehicle they own or operate.

Attorneys should consider advising their clients who they believe will be entering a plea of guilty to a criminal DWI violation, to have the IID installed BEFORE being sentenced.