DMV Issues: Conditional and Restricted Licenses, Violations While Driving for Hire

Dealing with the New York Department of Motor Vehicles (DMV) is never fun. Moving violations can lead to points on your driving record, which can, in turn, lead to license suspension and revocation. Regaining driving privileges after suspension or revocation can be an obtuse and costly process. Professional drivers face even more requirements and even harsher penalties. Below, we discuss a few specific DMV issues that vex many drivers. If you need help dealing with a New York DMV penalty, or if you’ve been arrested for Driving While Intoxicated (DWI), Driving While Ability Impaired (DWAI), or other driving violations, call an experienced New York driving offense attorney for advice and assistance.

Conditional and Restricted Licenses

Drivers who commit certain offenses can have their licenses suspended or revoked. Suspension or revocation may occur after accumulating too many DMV points, for example, or after conviction for a DUI or DWI. If your license has been suspended or revoked, you might still be eligible for a special conditional or restricted-use license.

Conditional or restricted licenses may be issued, for example, to drivers who lost their license due to DUI or DWI conviction. The driver will need to attend an Impaired Driver Program.

The special license will be restricted to certain uses. Typically, the driver will be permitted only to drive in the following circumstances: to and from work (where required by the job); to and from the DMV; to and from probation-related activities; to and from driver education classes; to and from school or university classes; to and from their child’s school; to and from medical appointments; and possibly other brief, specified periods.

If a driver commits a moving violation while driving on a restricted license, or if they drive outside of the permitted circumstances, the license will be revoked. The driver may also face additional tickets and penalties, including heavy fines and even jail time.

Driving for Hire and Additional DMV Requirements

The DMV defines driving “for-hire” as “the business of carrying or transporting passengers for compensation,” whether that compensation is direct or indirect. For-hire also includes private rental vehicles rented to someone who is not the owner, while the vehicle registration remains in the owner’s name. Limo drivers, taxi drivers, and rideshare drivers all qualify as for-hire drivers. The DMV imposes additional requirements on “for-hire” drivers, and they can face special consequences for violating the rules.

For-hire drivers must obtain a commercial driver’s license (CDL). Special requirements may apply for special drivers, such as hazmat or school bus drivers. Obtaining a CDL may necessitate taking a drug test and other additional requirements. For-hire drivers must also carry for-hire vehicle insurance.

For-hire drivers who violate driver safety laws face harsh penalties. Drivers who hold a CDL are subject to a more restrictive blood-alcohol content (BAC) limitation–0.04% instead of the normal 0.08%. For a first CDL DWI conviction, the CDL will be revoked for a year. A second CDL DWI conviction can result in CDL revocation for life, with a possible waiver after 10 years. If the driver’s BAC is high enough, they could even face felony charges for a first DWI.

Drivers with a CDL must follow all relevant rules and regulations or face potential penalties. Failing to carry the proper insurance or letting the policy lapse, for example, can result in suspension of the vehicle registration and plates. CDLs may be suspended for 60 days if the driver commits two “serious traffic violations” within a 3-year period, or 120 days for three violations within that period. Serious traffic violations include tailgating, speeding at least 15 MPH over the posted limit, making unsafe lane changes, violations that lead to a fatal traffic accident, and driving without a proper CDL. Fleeing the scene of an accident or refusing a blood alcohol test can result in CDL suspension or revocation for an entire year.

Call for Seasoned Legal Help With New York DMV Issues and Driving Violations

If you are dealing with DMV issues such as a license suspension or revocation, or if you have been arrested for DWI, DWAI, or other serious criminal offenses in New York, call Dupée & Monroe, P.C., to get help from a dedicated criminal defense lawyer. From our offices in Goshen, we represent clients charged with all manner of criminal offenses in Orange County and throughout the Hudson Valley.