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Carmel ALR/License Suspensions Defense Attorney
Understanding the Administrative License Revocation Process in New York
There are some differences between ALR and license suspensions and each requires different methods to get your driving privileges restored. When a driver’s license is suspended, driving privileges are taken away for a certain period and the driver may have to pay a suspension termination fee. A revocation takes away an individual’s right to drive. At the end of that period, the person will have to reapply for a license with the Department of Motor Vehicles (DMV) and pay a re-application fee.
Contact us online or call (845) 584-7033 to request your free consultation with our trusted ALR/license suspension lawyers in Carmel today!
The Process of License Suspension
License suspension or revocation can occur for several reasons, but the process is governed by specific rules and procedures outlined by the New York Department of Motor Vehicles (DMV). Depending on the offense and the circumstances, a license suspension may be temporary or permanent.
- DWI/DUI Offenses: If you are arrested for Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) in New York, you may face both criminal charges and an ALR suspension. For example, if you fail a chemical test or refuse to take one when requested by a law enforcement officer, your license may be suspended for a certain period, even if the criminal charges are still pending.
- Accumulating Too Many Traffic Violations: New York uses a point system for tracking traffic violations. If a driver accumulates a certain number of points within a set time period, they may be subject to suspension. Common violations that contribute to points include speeding, running a red light, or other moving violations.
- Failure to Pay Fines or Appear in Court: If you fail to pay traffic tickets or fail to appear in court for traffic-related matters, the DMV may suspend your license. This is typically done as a way to enforce payment and ensure compliance with traffic laws.
- Medical Issues: In some cases, the DMV may suspend or revoke a driver’s license if a medical condition affects their ability to safely operate a vehicle. This could include issues such as seizures, vision problems, or other conditions that impair driving.
License Suspension & Revocation Periods for New York Drivers
Whether a license is suspended or revoked will depend on the charges and the period of time for the suspension or revocation varies. If your license is suspended or revoked, you should seek help from a knowledgeable Carmel license suspension lawyer to guide you through the process.
Suspension and revocation periods may include:
- Driving While Intoxicated (DWI) with a BAC of .08%, 6-month revocation
- Driving While Ability Impaired by a Drug, 6-month suspension
- Driving While Ability Impaired by Alcohol, 90-day suspension
- Aggravated DWI with a BAC of .18% or higher, 1-year revocation
- DWAI within 5 years of a prior conviction, 6-month revocation
- DWI or DWAI by a drug within 10 years of a previous conviction, 1-year revocation
Potential Defenses Against License Suspension
There are several potential defenses that can be used to contest a license suspension in New York. A skilled Carmel ALR/license suspensions lawyer will thoroughly review the details of your case to identify the best strategy. For example, if the suspension was issued due to procedural errors, such as an improper arrest or failure to properly administer a chemical test, your attorney may challenge the suspension on those grounds. Additionally, if there is insufficient evidence to prove intoxication or impairment, the suspension may be contested.
Regaining Your Driving Privileges with a Carmel DWI/DUI Lawyer
The Administrative License Revocation (ALR) is a civil process that is separate from criminal proceedings after a DWI charge. This program applies to individuals who have failed or refused to submit to breath or blood alcohol content testing.
At the end of the suspension or revocation period, you must follow certain requirements to get your driving privileges restored. In some cases, it may be possible to get a conditional license, which allows you to drive for work. You should consult with an experienced Carmel DWI/DUI attorney. The Law Office of Keith R. Murphy represents clients at ALR/license suspension hearings and works hard to minimize the consequences for clients charged with DWI.
Take the first step toward defending your legal rights and call (845) 584-7033 for a consultation with an experienced Putnam County DWI/DUI lawyer.
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