form to renew license for dui over 2 years ago nc

The statutory revocation periods for an alcohol- or drug-related driving conviction or incident are generally only modified by the regulations when said conviction or incident results in a license revocation. Revocations Resulting From an Alcohol- or Drug-Related Driving Conviction/Incident

In essence, the DMV has empowered itself to extend the applicable statutory revocation period by a definite number of years or indefinitely by choosing to deny an application for license reinstatement after revocation. The principle instrument used by the DMV to accomplish this objective is a de facto extension of the statutory revocation period set forth in Vehicle and Traffic Law § 1193(2)(b) which was determined by the Legislature for each type of alcohol- and drug-related driving conviction or incident. The government has interpreted the exercise of that discretion to mean the protection of the general public from drivers with multiple prior alcohol- and drug-related driving convictions who “present a potential danger to himself or other users of the highway if allowed to be licensed or relicensed.” The authority of the regulations is derived from the DMV’s statutory discretion under Vehicle and Traffic Law § 510 to reinstate a driver’s license after revocation. The purpose of this article is to clarify the regulations and to identify a number of issues that will likely be encountered by practitioners.

These regulations have upended the legal practices of those representing individuals who allegedly committed Driving While Intoxicated and other related offenses due to the continued revision of the regulations and the absence of judicial decisions interpreting them. The following article is written by Patrick Scully, Attorney in our Albany office.Īccording to the New York Post, the Department of Motor Vehicles for the State of New York (hereinafter “DMV”) has prevented the reinstatement of 7,521 driver’s licenses belonging to those individuals with multiple prior alcohol- and/or drug-related driving convictions since the regulations governing the same were promulgated in the Autumn of 2012.

Form to renew license for dui over 2 years ago nc