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New York DWI License Deadline Checker
After a DWI arrest in New York, your license can be suspended at your very first court date, before anyone has proven anything. If you refused a chemical test, the DMV must hold a refusal hearing within 15 days. Answer four questions to see the dates that apply to you.
What this is not. This is general information about New York law, not legal advice or a prediction. It can’t see your video, your paperwork or the breath instrument’s records, and those decide cases. Nothing you enter is sent anywhere; it stays in your browser.
How license suspensions work after a New York DWI arrest
| Situation | What happens to your license |
|---|---|
| Test result of 0.08 or higher | Suspended at arraignment, pending prosecution. A hardship privilege may be requested, and a conditional license may be available after 30 days. |
| Chemical test refusal | Temporarily suspended at arraignment. DMV refusal hearing within 15 days; a refusal finding means at least a 1-year revocation and a $500 civil penalty. |
| Result under 0.08, or drugs only | Usually no suspension at arraignment, but the charge can still lead to a suspension or revocation if you are convicted. |
License deadlines: frequently asked questions
Is my license suspended right after a DWI arrest in New York?
If your test showed 0.08 or higher, the judge suspends it at your arraignment, pending prosecution. If you refused, it is temporarily suspended at arraignment until the DMV refusal hearing.
What is a hardship privilege?
A limited right to drive, granted by the judge at arraignment when a suspension would cause extreme hardship, such as no other way to get to work or medical treatment. You must prove the hardship with evidence.
When can I get a conditional license?
If your license was suspended pending prosecution, the DMV may issue a conditional license 30 days after the suspension starts, if you are eligible. A recent prior alcohol-related matter can make you ineligible.
What happens at a DMV refusal hearing?
An administrative law judge decides whether the officer had reasonable cause, made a lawful arrest, clearly warned you about the consequences of refusing, and whether you refused. It must generally be held within 15 days of arraignment.
Talk to a former DWI prosecutor
Call or text (516) 939-1529, 24/7. The first consultation is free, in person, by video call or by phone call.
These tools are not a lawyer. We work to keep the numbers and the law on these pages accurate and up to date, but laws, fines and DMV rules change, and some information here may be incorrect or out of date. The results are general information, not legal advice, and using these tools does not create an attorney-client relationship. Always contact a lawyer to confirm the answers and how the law applies to your case. Call or text (516) 939-1529, 24/7.
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