The Kessler Law Firm

DMV Penalties for Multiple Drunk/Drug Driving Offenders

New regulations took effect on September 25, 2012 that affect drivers with multiple alcohol/drugged-driving related convictions or incidents. The highlights of how these changes affect persons applying for a driver license after their license is revoked are provided below.

  • Applicants with three or four alcohol/drugged-driving related convictions or incidents within a 25 year period, without a serious driving offense and whose revocation does NOT result from an alcohol or drugged driving conviction or incident, will be denied relicensing for two years in addition to the statutory revocation period, and then will be relicensed with a problem driver restriction for two years. A serious driving offense is a fatal accident, a driving-related penal law conviction, conviction of two or more violations for which five or more points are assessed, or 20 or more points from any violations.

  • Applicants with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years, without a serious driving offense and whose revocation DOES result from an alcohol or drugged driving conviction or incident, will be denied relicensing for five years in addition to the statutory revocation period, and then will be relicensed with a problem driver restriction for 5 years with an ignition interlock.

  • Applicants with three or four alcohol/drugged-driving related convictions or incidents within the preceding 25 years, with a serious driving offense will be permanently denied a driver license, unless there are unusual, extenuating and compelling circumstances.

  • Applicants with five or more alcohol/drugged-driving related convictions or incidents on their lifetime driving record will be permanently denied a driver license, unless there are unusual, extenuating and compelling circumstances.

  • Applicants with two or more alcohol/drugged-driving related convictions or incidents within the preceding 25 years will be required to serve their entire sanction period (suspension or revocation) even if they complete the Impaired Driver Program (IDP) (previously known as Drinking Driving Program or DDP)and will be required to submit proof of rehabilitation.

Penalties for Multiple Offenders 

 

OFFENSE HISTORY                                     

-DMV ACTION

 

Five or more alcohol/drugged driving related convictions or incidents lifetime = “Persistently Dangerous Driver”

 

-Permanent denial (subject to unusual, extenuating and compelling circumstances).

 

In a 25 year period, three or four alcohol/drugged driving related convictions or incidents + one Serious Driving Offense (SDO) = “Persistently Dangerous Driver”

 

-Permanent denial (subject to unusual, extenuating and compelling circumstances).

 

Revoked for alcohol-related offense, three or four alcohol/drugged driving related convictions or incidents without any SDO in a 25 year period

 

-Deny for five years in addition to statutory revocation period, then relicense with restricted license and interlock for five years.

 

Revoked for non-alcohol-related offense, three or four alcohol/drugged driving related convictions or incidents without any SDO in a 25 year period

 

-Deny for two years in addition to statutory revocation period, then relicense with restricted license for two years, but no interlock.

 

Two alcohol/drugged driving related convictions or incidents

 

-No full relicensing until end of statutory minimum revocation period, even if IDP is completed.