Under the New York State
DWI laws there are several types of
driver's license suspensions that a court and/or DMV can impose. The top
DWI lawyers will be able to discuss the fine differences in each of the DWI suspension
laws. In this DWI blog we address the "Prompt Suspension Law"
that a motorist can face sometimes even prior to talking to a DWI lawyer.
Usually in counties such as Westchester, Orange, Rockland, Putnam and
Dutchess a motorist will be brought before a judge without the benefit
of an attorney since most of the courts in those counties are part time.
The Prompt Suspension Law is the first DWI suspension a motorist may face.
The DWI Prompt Suspension Law falls under VTL 1193(2)(e)(7) and applies
to an accused who is charged with DWI and who is alleged to have a blood
alcohol content (BAC) of more than .08% at the time of the arrest. At
this point the Court will suspend the motorist's license during the
pendency of the case if certain requirement under Pringle v Wolf, 88 NY
2d 426 are met.
The second DWI Prompt Suspenion Law under VTL 1193(2)(e)(1) applies where
a motorist is charged with DWI, Aggravated DWI, DWAI drugs or a combined
charge and who either has been convicted of a prior DWI VTL 1192 in the
past five years or is charged with vehicular assault or vehicular homicide
in connection with the DWI arrest.
Lastly, the DWI law under VTL 1194(2)(b)(3) applies to a motorist who is
charged with a DWI under VTL 1192 and who has refused to submit to a chemical test.
Prior to the enactment of these laws the prosecutor would seek to suspend
a motorists license under VTL 510(3-a) but since these new DWI laws for
the prompt license suspension have been enacted it should be argued that
the prosecution can not use VTL 510 to suspend a driver's license
to get around the above requirements.
Since most people rely on their driver's license for work, school and/or
medical appointments it is very important to discuss the prompt suspension
law with a DWI attorney. The best DWI defense will hold the prosecution
to their burden or proof to protect the motorists license.