Criminal Defense Lawyers

DUI – DWI Conditional License Lawyers

The New York Department of Motor Vehicles (DMV) can issue a conditional driver’s license to a qualified driver whose New York license has been revoked or suspended due to a drug- or alcohol-related offense, most commonly DWI. A conditional license is not granted automatically; if your license has been suspended, you must apply for a conditional license in person at a DMV office.

What is a Conditional License?
A conditional driver’s license is a special type of license that allows you to primarily drive to and from work and drive during working hours (if your job requires driving during work hours). A conditional license allows allows you to drive to and from:

• Courses at an accredited school, university, college, or state-approved vocational or technical institution (not high school)
• Court-ordered probation activities
• Medical treatment and examination for you or a member of your household with a written statement from a licensed practitioner
• School, daycare, or place where your children attend or are cared for on a regular basis and which is necessary for you to maintain employment or enrollment in credit-earning courses
• DMV office to conduct business related to the Drinking Driver Program and your license
• A 3-hour consecutive daytime period that is chosen by the program administrators on a day you are not engaged in your typical employment

Who is Eligible for a Conditional License After a DWI?
Some people convicted of a DWI are eligible for a conditional license, but not everyone.

A conditional license is usually available to people who are convicted of a first-time DWI or DWAI. To be eligible for a conditional license, you must first be convicted of an alcohol-related driving offense like DWI or WAI. You are then required to enroll in a New York DMV Drinking Driver Program (DDP). This program lasts for several weeks and meets once a week. It must be operated by a DMV-approved independent contractor and there is a fee. If you enroll and continue with the DDP program, along with any treatment mandated by the program, you will receive a conditional license.

Spodek Law Group, P.C. - NYC Criminal Attorneys

5.0

Based on 745 reviews

George Fernandez

14:16 30 Apr 24

Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.

Raj

21:33 24 Apr 24

If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!

Yelva Saint-Preux

19:26 19 Apr 24

I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.

Katherine Sun

18:08 18 Apr 24

my lawyer is Alex Zhik. Efficient, patient and professional

Nun ya

17:48 18 Apr 24

Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.

Keisha Parris

20:45 15 Mar 24

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

16:26 15 Mar 24

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!

K Mar

01:37 25 Jan 24

I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

There is one exception to the DDP requirement and this is when your license is suspended during your case (pending prosecution) because your chemical test showed a BAC of 0.08% or higher. In this case, you can get a conditional license without taking the DDP classes.

It’s also possible to be eligible for a “Hardship Privilege” if your license is suspended when you first appear at court. This Hardship Privilege is issued by a judge and usually permits you to only drive to and from work and school. After 30 days, you can be eligible for a conditional license after 30 days as long as you have not been convicted of an alcohol-related driving offense in the last 5 years and have not had your license revoked for refusing to submit to a chemical test in the last 5 years. In this case, you will not need to take classes to get a conditional license.

If you refused to take a breath, blood, or urine alcohol test, you will not be able to get a conditional license. It is possible for an experienced DWI attorney to defeat the license revocation or get your license temporarily restored, but the DMV does not allow conditional licenses after a chemical test refusal. Even if you are later found not guilty of the charge but refused a test, you are still not eligible for a conditional license.

You are not eligible for a conditional license if you have been convicted of an alcohol-related driving offense within 5 years of your recent arrest or had your license revoked for refusing to submit to a chemical test within 5 years. There are no exceptions to this.

Conditional Licenses for Out-of-State Drivers
If you are an out-of-state driver charged with DWI in New York, getting a conditional license will be more difficult. The New York DMV cannot grant a conditional license for an out-of-state-license as they have no jurisdiction over another state’s licensing. It may be possible to request adjournment to get a New York license, in which case your New York license would be suspended and you may be granted a conditional license. New York can issue a conditional privilege to drive in the state which works like a conditional license and allows you to drive in New York without a New York license.

If you have been charged with a DWI or your license has already been suspended, a DWI defense attorney can help you protect your rights and seek a conditional license to keep your job.

Criminal lawyer to help with interlock device

An interlock device is a breathalyzer that is installed in a driver’s car, which the driver must blow into to start the car. Other names for an interlock device include an ignition interlock device or a breath alcohol ignition interlock device.

The state may require a driver to have an interlock device installed in their car after they receive a conviction for driving under the influence (DUI). Just like a handheld breathalyzer, an interlock device has a mouthpiece that the driver blows into. Each interlock device has a certain blood alcohol concentration (BAC) programmed into it, and if the driver’s BAC is higher than that amount, the car will not start. The standard BAC maximum with interlock devices is .02, well below the legal limit of .08. For some drivers, one drink is enough to push their BAC to .02 or more.

If the driver’s BAC isn’t under the programmed maximum, then the ignition interlock won’t allow the signal from the car’s starter to reach the engine and the car won’t start. The only way that a car with an interlock device can be started is when the device receives a valid breath sample that’s under the programmed maximum.

What if another person blows into the interlock device for the driver? To prevent this issue, and to prevent the driver from drinking alcohol after starting their car, the interlock device will require additional breath samples at random times while the engine is running. If the driver doesn’t blow into the device, or if they do and their BAC is now above the programmed maximum, then the device will record that, provide a warning message to the driver to stop the car and finally start an alarm. The alarm may consist of the lights flashing, the horn honking or both. This alarm will continue until the driver either provides a clean breath sample or shuts off the car.

There’s a mistaken belief among some drivers that if the driver doesn’t provide a valid breath sample on one of those random requests, the interlock device will shut the car off entirely. This isn’t the case, because that could create a safety hazard. By creating an alarm instead, the interlock device helps to warn other drivers and police that the driver of the car is impaired.

There are fees for an interlock device, which must be paid by the driver. The installation fee for an interlock device is typically between about $100 and $200, and there are also monthly fees of about $60 to $100. The monthly fees are to monitor and calibrate the device. Standard calibration intervals are every 30, 60 or 90 days, and when the driver brings in the interlock device for calibration, the logs from the device are also either printed or downloaded. The authorities may look at this log to see if there were any violations, and if so, the driver could receive additional punishments. In some cases, violations are immediately sent to the authorities wirelessly. Depending on the situation, the authorities could be the court that sentenced the driver, the Department of Motor Vehicles or a probation officer.

Every state allows the use of interlock devices either as part of an offender’s sentence or as a sentencing alternative. In New York, any driver who receives a driving while intoxicated (DWI) conviction must install an interlock device on their car for a period of at least 6 months.

Interlock devices can be effective in preventing drivers from getting behind the wheel while impaired, and they can also benefit drivers by allowing them to drive again more quickly after a DUI conviction. Instead of a suspended license, a driver may be able to get a restricted license requiring the use of an interlock device, so they’re still able to get to work, school or anywhere else they need to go.

If an offender drives without the required interlock device on their vehicle, possible punishments include a prison sentence, a fine or a revoked driver’s license.

What should I do if I get stopped after I have been drinking?

It’s always stressful when a police officer pulls you over after you’ve been drinking. While it’s best to avoid getting behind the wheel after drinking, if you are in that situation, what you do and say could be the difference between going home and getting arrested for driving under the influence (DUI).

The first thing to do is pull over calmly and place your hands on the steering wheel, with your window partially rolled down. Be prepared to provide the officer with your driver’s license and your registration. The most important thing to do is to say as little as possible. Don’t immediately ask the officer why he pulled you over, as he’ll tell you soon enough.

It’s likely that the officer will ask you questions, such as “Do you know why I pulled you over?” and “Have you had anything to drink this evening?” Answering these questions is not going to help you, so don’t do it. If the officer already suspects that you’ve been drinking, telling him you haven’t won’t make him change his mind. Telling him you have is an admission that can later work against you in court. Instead, simply explain that you would prefer to exercise your right not to answer any questions. He may try multiple times to try to question you, or make an attempt to convince you that it will turn out better for you if you cooperate. These are all tricks to get you to give up your rights and incriminate yourself.

If the officer asks you to take a field sobriety test, do not do so. Tell him that you do not consent to any field sobriety tests. Just like answer questions, taking a field sobriety test can only work against you. An officer will only ask you to take a field sobriety test if he already suspects that you have been drinking, in which case he is planning to arrest you anyway. He won’t let you go just because you perform well enough on a test. You have nothing to gain, but you can harm your case by providing evidence of impairment.

Now, the officer may ask you to take a breathalyzer. If it’s a voluntary breathalyzer, then you shouldn’t take it. If it’s a mandatory breathalyzer, then you do need to take it or you’ll receive the same penalty as you would have for a DUI. Tell the officer that you don’t consent to any voluntary breathalyzers, but you will consent to a mandatory breathalyzer.

By not answering questions or consenting to anything voluntary, you’re minimizing the amount of evidence that you provide, making it more difficult for the prosecution and easier for your defense attorney if you are arrested and charged with a DUI.

When an officer suspects that you’ve been drinking, they go through the steps of asking questions and conducting field sobriety tests before arresting you because they want to improve the case against you. Otherwise, your defense attorney can later argue that the officer did not have probable cause to arrest you, as there wasn’t sufficient evidence that you had been drinking and driving.

When you’ve been drinking and you get pulled over, your interaction with the police officer is all about damage control to give yourself a better chance at going home or winning your court case. The more you talk to the officer, the more opportunities there are for you to incriminate yourself. Performing field sobriety tests or taking a breathalyzer voluntary both simply provide the officer with evidence that can be logged and used against you. When you don’t provide information or consent to anything, that puts the pressure on the officer to decide if there’s sufficient probable cause to arrest you. Even if he does arrest you, your attorney will be in a better position to defend you.

I’ve been charged with drunk driving. Should I get a lawyer?

If you have been charged with driving under the influence of alcohol or any other substance, you should certainly hire a lawyer. While you have the right to defend yourself, an attorney understands the nuance of DUI law and can craft a defense that may get you a favorable outcome in your case. What are some other reasons to hire an attorney?

You May Not Understand the Burden of Proof a Prosecutor Has

According to NYC personal injury lawyer Steve Raiser, You may assume that your case is one that will be easy to prove at trial. However, an attorney may know about a technicality or some other quirk in the law that could render a key piece of evidence inadmissible during trial. He or she may also know about different ways to cross-examine a witness that may cause that witness to offer up conflicting testimony. This may create enough reasonable doubt to have your case thrown out.

An Attorney May Be Effective at Negotiating a Plea Deal

There are many instances in which a prosecutor will work with an attorney to craft a plea deal in a case. While a plea deal results in a conviction on the charge, it may reduce the penalties that an individual may face. For instance, you may pay a smaller fine or keep your license instead of losing it for six months or longer.

Keeping your license may result in additional cost savings because you won’t have to pay to have it reinstated. Having a license may also allow you to keep your job and the reliable paycheck that it brings in. Overall, this may negate the potential cost savings that you may realize by not hiring legal counsel to help with your case.

You Don’t Have to Talk Without an Attorney Present

If you have an attorney, the authorities cannot talk to you without him or her present during questioning. This may prevent you from saying or doing something that can be used as evidence in your case. For instance, a prosecutor may claim that he or she will consider a lighter sentence if you cooperate.

However, by admitting how much you had to drink or that you drove after drinking earlier in the day, you are undermining your ability to defend yourself. An attorney will be able to detect if a shady tactic is being used against you and prevent it from being used against you. Without an admission of guilt from a defendant, it may be difficult or impossible for a prosecutor to prove all elements of the charge against you.

An Attorney May Leverage His or Her Track Record

An attorney who has a track record of winning DUI cases may be able to leverage that success into obtaining a favorable result in your case. If a prosecutor has struggled winning cases against your attorney in the past, it may increase the odds of getting a plea deal without having to go to trial.

In some cases, it may lead to charges being thrown out without any penalties at all. In the event that legal counsel doesn’t have a relationship with the prosecutor, he or she may have one with the judge. This may be used to get a lighter sentence or to obtain key rulings during the legal process.

There are many potential penalties that can come from a DUI conviction. They can have an impact on your professional and personal lives for months or years after the case is over. Therefore, it is important that you have a good lawyer who can act as an advocate in the courtroom and protect your rights throughout the legal process.