Top court upholds strict drunk driving rules

ALBANY — The state’s top court has upheld a policy implemented by Gov. Andrew Cuomo’s administration that allows the state Department of Motor Vehicles to permanently revoke driving privileges for repeat drunk drivers.

In a 5-0 decision, the state Court of Appeals upheld Cuomo administration rules, put in place in 2012, that take steps going beyond state law governing relicensing procedures for drivers with multiple DWI convictions.

Under state Vehicle and Traffic Law, a driver’s license can be revoked if he or she has three drunk-driving convictions in the span of four years, or four convictions in eight years.

The administration added new rules permanently revoking the license of those convicted of five or more alcohol- or drug-related driving offenses in his or her lifetime, or three or more convictions plus at least one other serious driving offense (such as a fatal accident) in the past 25 years.

Under the regulations, those with three or four convictions or incidents within 25 years would have their license applications denied for five years beyond the statutory revocation period. Should a new license be issued, the driver’s license would be restricted, limiting him or her to travel to and from, for example, work and medical appointments. The driver would also be required to use an ignition interlock device.

Driver License Revoked in NY

I received a permanent revocation in NYS for previous dwi convictions. I upheld my end of the sentence and now NY has new regulations in place that won’t approve me for relicenceing. I have heard Colorado will issue me a license if I relocate. Is this true?

Yes, there is a path to a Colorado license.

I have completed the mandatory chemical evaluation and treatment recommended/required by the courts in MN. Since I will have already served my 3 year cancellation period by December, would CO require the same challenges to me as MN or would the process be the same living in CO vs in MN? I am trying to make things as easy, inexpensive, and least time consuming possible to get everything back to normal.

Colorado would require a 2-year interlock and the license would be restricted to driving interlock-enabled vehicles only.  Any documented use of alcohol while driving would cause a problem obviously with the license.  It’s an advantage to have completed treatment.  Colorado law would not mandate the same challenges as Minnesota.  This is about as inexpensive and expedited a process as you will find anywhere.

My felony offenses was in December 2013 and conviction was before the enactment of felony DUI in Colorado. My previous DUIs were in 2007. I completed outpatient treatment at facility that also offered sober living where I stayed for three months. I do not have any AA documentation or other proof of rehabilitation though I am set to complete probation in August and have been accepted to graduate school in Denver. I am curious as to whether I would be eligible for a license and whether it would require interlock.

Your felonies aren’t applicable in Colorado.   Not having treatment documentation may necessitate taking alcohol classes.  You are definitely eligible for a license hearing.  A license would require at least a 2-year interlock

The FAQs are pretty general. I have 6 (state says seven but counted one twice) alcohol related incidents. Never an accident. I have been to rehab, jail and 5 years probation. New York will still not give me a license even though I’m sober almost seven years. Considering a move to Colorado. Would I be able to get a license there?

The number of alcohol-related incidents isn’t relevant.  Having been in rehab is a positive.  Unlike New York, Colorado doesn’t have a provision for a lifetime revocation.