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Thursday, June 20, 2013

New DMV Regulations That Can Affect Your Life!

          I recently had the opportunity to attend a NYS seminar concerning New York’s new DUI and DMV (Department of Motor Vehicles) legislation. Regulations concerning Alcohol and Drugged Driving Related Offenses change all the time and these cases tend to be some of the most emotionally-charged and stressful in the entire legal system. Therefore it is vital that you contact an experienced attorney as soon as possible if you have been charged with one of these offenses.      

         At the conference, I was apprised that as of September 25, 2012, the DMV has begun enforcing new and even more stringent regulations concerning impaired driving.

            The NYS DMV website lists these new regulations as follows:




Offense History
DMV Action
Five or more alcohol/drugged driving related convictions or incidents lifetime = “Persistently Dangerous Driver”
Permanent denial (subject to compelling or extenuating circumstances)
In the last 25 years, three or four alcohol/drugged driving related convictions or incidents + one Serious Driving Offense (SDO) = “Persistently Dangerous Driver”
Permanent denial (subject to compelling or extenuating circumstances)
If revocation for alcohol-related offense, three of four alcohol/drugged driving related convictions or incidents without any SDO in last 25 years
Deny for five years in addition to statuary revocation period, then relicense with restricted license and interlock for five years
If revocation for non-alcohol-related offense, three or four alcohol/drugged driving related convictions or incidents without any SDO in last 25 years
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 revocation period, even if DDP




These new regulations mean that it is even more crucial to contact an attorney as soon as you are charged with an Alcohol or Drugged Driving Related Offense. Unfortunately, many people try to resolve DUI issues without legal counsel and end up simply pleading guilty. With the new regulations, even one previous Serious Driving Offense could result in the permanent denial of your driving privileges! An experienced attorney can work with you to obtain the best results without having to permanently mar your record with a guilty for intoxicated driving offense.

Furthermore, many people do not realize that these regulations mean that your driving record for the past 25 years is taken into consideration. If you made mistakes when you just got your license as a teenager, as of September of 2012 they can and will be used against you in a DUI matter ten or even twenty years later. Your license can be revoked based on your past. In fact, about 20,000 will lose their licenses this year as a result of these regulations.


Don’t let an Alcohol or Drugged Driving Related Offense get the best of you. Contact the offices of Kevin. P. McKernan today and get the legal help you need.

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