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.
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)
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)
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.
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.