New York DMV Defines History Alcohol Abuse

I am happy to practice in little Ithaca , NY for many reasons. One that clearly stands out in my mind today is the fact that the DMV here is not too busy. In fact I would say the Tompkins County DMV here is fast, friendly, and easy.

You want to see busy, go to the Philadelphia DMV or better yet, go to any South Florida DMV. I can remember one time standing out in line to get a reservation for my daughter to take a road test. Can you imagine a line 40 people long, wrapping around a Coral Springs strip shopping mall, and you are waiting in this line with a number (like in a deli) in 90 degree humidity? Not fun or funny.

Be thankful for our DMV.

That said, what does the NY DMV classify as a history of alcohol abuse?

When most of us think "history" we think either many incidents in a long term (10 years) or a few incidents within a short term (5 years). The DMV does not allow any conditional driving privileges (or participation in the DDP) if a person has 2 alcohol related convictions within 5 years and has taken the DDP because of the the first alcohol related conviction (DWAI or DWI).

The NY DMV also states that any driving record (abstract) with 2 or more alcohol related charges (could be a DWAI or DWI) within 10 years and boom, you now have a history of alcohol abuse. This is further defined in Part 136.1 (b) (3) of the Regulation of the Commissioner of Motor Vehicles.

So to get your driver's license back after having 2 incidents within this 10 year time frame you MUST fill out and file DMV form DS-449, and submit evidence of either rehab (following an OASAS eval and follow up recommendations) OR a clean bill of health (ie. after a drug / alcohol eval no further treatment is necessary. Form DS- 449 is called "Alcohol Abuse Rehab. Program Summary."

Law Offices of Lawrence Newman

Lawrence (Larry) Newman, D.C., Esq.

Doctor of Chiropractic
Attorney and Counselor at Law

504 North Aurora Street
Ithaca, NY 14850

607-229-5184

http://www.ithacadwi.com