CONDITIONAL LICENSE AND THE DRINKING DRIVER PROGRAM

Usually a driver who has been convicted of a VTL section1192 offence will be required by the court to participate in a New York State Drinking Driver Program, commonly called DDP. This program consists of a series of seven classes totaling a minimum of 15 hours which are designed to deter future VTL section 1192 violations. Once a person has participated in the program, they may not do so again for a period of 5 years. The 5 years run from the date that the driver completes the Drinking Driver Program to the date of the driver’s commission of a new violation of VTL section 1192.

Taking the Drinking Driver Program is also a requirement for a driver whose license was suspended by the court due to a VTL section 1192 conviction to obtaining a Conditional Driver’s License. The Program provides the driver with a conditional license which allows them to drive with the following conditions:

1. Drive en route to and from the driver’s place of employment.

2. If the driver’s employment requires the operation of a motor vehicle then during the hours of their employment.

3. En route to and from a class or an activity which is an authorized part of the alcohol or drug rehabilitation program at which the driver’s attendance is required.

4. En route to and from a class or course at an accredited school, college or university or a state institution of vocational or technical training.

5. To and from court ordered probation activities.

6. To and from a motor vehicle office for the transaction of business relating to such license or program.

7. For a 3 hour consecutive day time period, chosen by the administrators of the program, on a day during which the participant is not engaged in usual employment or vocation.

8. En route to and from a medical examination or treatment as part of a necessary medical treatment for the driver or a member of the driver’s household as evidenced by a written statement to that effect from a licensed medical practitioner, and

9. En route to and from a place, including a school, at which a child or children of the driver are cared for on a regular basis and which is necessary for the driver to maintain their employment or enrollment at an accredited school, college or university or at a state approved institution of a vocational or technical training.

A Conditional License can be revoked for the following reasons:

1. Failure to attend or satisfactorily participate in the DDP program, or failure to satisfy the requirements for participation in the program.

2. Conviction of any alcohol or drug related traffic offences, misdemeanor or felony.

3. Failure to attempt I good faith to accept rehabilitation. This will be determined by a Department of Motor Vehicle hearing based upon receipt of notification or evidence that an individual is not attempting in good faith to accept rehabilitation.

4. Conviction for speeding, speed contest or racing, reckless driving, following too closely, or conviction for at least one traffic violation other than parking, stopping, standing, equipment, inspection or other moving non-moving violations where such violations occurred during the period of validity of the conditional license.

5. Upon receipt of a conviction certificate which indicates that an individual has driven in violation of the conditional license.

6. Upon receipt of a conviction certificate which requires mandatory suspension or revocation action.

7. After a Department of Motor Vehicles hearing upon a complaint that an individual is operating or has operated a motor vehicle in violation of the conditional license.

8. Upon receipt of additional information which would make the individual ineligible.