Anelli Xavier, a New York DWI-focused law firm, announces thoughts on proposed New York DMV changes. The New York State Department of Motor Vehicles recently amended the administrative rules regulating the relicensing of drivers with multiple Driving While Intoxicated (DWI) convictions.
In addition to permanently denying a driver’s license to individuals with five or more DWI convictions, the new DMV regulations require individuals with three or four DWI convictions within 25 years, after enduring the suspensions/revocations relative to their DWI charge, to wait another five years before seeking to have their driver’s license reinstated.
Even after waiting the additional five year period, multiple offenders will only be allowed to apply for a driver’s license that allows them to drive to and from work and for medical treatment (the “Problem Driver Restriction”). Additionally, their vehicle must be equipped with an ignition interlock device.
Prior to these recent enactments, individuals whose licenses were suspended or revoked due to DWI charges were able to obtain a conditional driver’s license that allowed them to drive to and from work and medical treatment but this right is removed by the enactments for people convicted of a third DWI within 25 years.
These new DMV regulations are understandable given the number of people killed or injured by drunk drivers. That being said, these regulations are aimed at individuals who generally have addiction issues necessitating treatment. Requiring ignition interlock devices in vehicles would allow drivers with multiple alcohol-related offenses to continue to be gainfully employed, contribute to society, provide for themselves and their families, continue with drug and/or alcohol counseling and keep offenders from being a threat behind the wheel.
“Unfortunately, the new regulations may force many to break the already existing Vehicle and Traffic Laws to get to and from work and provide for their families. In the alternative, they may become unemployed and need to be taken care of by the remainder of the working population through taxation,” states Tom Anelli, The DWI Guy, Anelli Xavier.
Further, these new regulations will affect people charged with a DWI offense that occurred before the new regulations were enacted. “For the large part, the purpose of DWI laws is to prevent future incidents of drinking and driving with the threat of significant punishment. Applying these rules to DWI charges and convictions that predate these new regulations is tantamount to changing the rulebook in the middle of a ballgame. It shocks the consciousness with regard to the fundamental fairness and due process on which our legal system is based,” states Tom Anelli.
Contact Anelli Xavier for more about New York DWI laws and New York DWI penalties. If you are charged with a DWI in New York State, contact Anelli Xavier for a free case consultation.
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