Issues In NY Criminal Law--Vol. 7, #7

hardship privilege

1193(2)(e)(7)

Discretionary privilege allowed by court upon suspension pending prosecution of per se DWI charge.

preconviction conditional license

1196(2)(e)(7)(d

Eligible 30 days after suspension pending prosecution based on BAC, but only if eligible for post-conviction conditional license. May continue on hardship privilege until disposition of charge.

1196(4)

15 NYCRR 134.7

Limited driving for employment, education, medical and additional three hours per week.

Requires enrollment in drinking driver program.

Revoked for conviction of any moving violation.

Not available for limited DJ or limited MJ license. 15 NYCRR 135.7(a)(11).

post-conviction conditional license

530

Must comply with ignition interlock device requirements. VTL 1198.

restricted use license

318(15), 530

15 NYCRR 135.5,

134.10,

Not available for refusal or drinking-driving conviction

Available if license suspended for failure to pay child support. 15 NYCRR 135.7( c ).

Limits driving to employment, education, medical. Issuance to commercial driver prohibited. 15 NYCRR 136.9.

commercial drivers license endorsement

Certificate of relief from disabilities does not allow commercial endorsement with a drinking-driving suspension or revocation, 1193(2)(b)(5), 1196(7)(g).