New York · DWI · Checked October 2026

DWI License Suspension in New York: Hearing Deadline and Hardship License

DWI License Suspension in New York: What Are the Rules?

How New York suspends your license after a DWI arrest, and how to get driving privileges back.

Failed test
Suspended at arraignment pending prosecution (BAC .08 or more); a conditional license may be issued after the suspension has been in effect 30 days, and the court may grant a hardship privilege
Refused test
Suspended at arraignment, then revoked at least 1 year after the DMV hearing (at least 18 months with a prior refusal or DWI within 5 years)
Hardship license
Conditional license (through the Drinking Driver Program); hardship privilege during suspension pending prosecution

How to Request a Hearing in New York

No request is needed. If you refuse a chemical test, the court suspends your license at arraignment and DMV schedules a refusal hearing; if DMV does not hold the hearing within 15 days of arraignment, your license is reinstated until the hearing. If you test .08 or more, the criminal court suspends your license at arraignment pending prosecution, and you may make a statement and present evidence at that time.

Official source: how to request a hearing (New York)

Suspension if You Fail a Test in New York

suspended at arraignment pending prosecution (BAC .08 or more); a conditional license may be issued after the suspension has been in effect 30 days, and the court may grant a hardship privilegeN.Y. Veh. & Traf. Law § 1193(2)(e)(7); § 1194(2)(b)(3), (2)(c), (2)(d)

Official source: suspension if you fail a test (New York)

Suspension if You Refuse a Test in New York

suspended at arraignment, then revoked at least 1 year after the DMV hearing (at least 18 months with a prior refusal or DWI within 5 years)N.Y. Veh. & Traf. Law § 1193(2)(e)(7); § 1194(2)(b)(3), (2)(c), (2)(d)

Official source: suspension if you refuse a test (New York)

Getting a Conditional License (Through the Drinking Driver Program); Hardship Privilege During Suspension Pending Prosecution in New York

People who enroll in the Drinking Driver Program may, at the commissioner's discretion, get a conditional license limited to trips such as to and from work, school, DDP classes, probation activities, medical treatment and child care; it stays conditional for the full revocation period. A conditional license is also possible after 30 days of suspension pending prosecution. During that suspension, a court that finds extreme hardship may grant a hardship privilege. You can't join the DDP if you took part in it or were convicted of an alcohol or drug driving offense in the prior 5 years.

Official source: getting a conditional license (through the drinking driver program); hardship privilege during suspension pending prosecution (New York)

More on DWI Law in New York

See the full overview of DWI laws in New York and read about hardship licenses in every state.

This page summarizes New York law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in New York can advise on your case.

Frequently Asked Questions

How Long Is the License Suspension for Failing a Test?

suspended at arraignment pending prosecution (BAC .08 or more); a conditional license may be issued after the suspension has been in effect 30 days, and the court may grant a hardship privilege

Can You Get a Hardship License in New York?

People who enroll in the Drinking Driver Program may, at the commissioner's discretion, get a conditional license limited to trips such as to and from work, school, DDP classes, probation activities, medical treatment and child care; it stays conditional for the full revocation period. A conditional license is also possible after 30 days of suspension pending prosecution. During that suspension, a court that finds extreme hardship may grant a hardship privilege. You can't join the DDP if you took part in it or were convicted of an alcohol or drug driving offense in the prior 5 years.

Sources

  1. License suspension and hearing: N.Y. Veh. & Traf. Law § 1193(2)(e)(7); § 1194(2)(b)(3), (2)(c), (2)(d)
  2. Hardship license

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.