The Drinking Driver (DDP)
The following is from the Department of Motor Vehicles and
relates to your ability to get, use and keep a Conditional
are convicted of an alcohol or drug related driving
violation, your license or privilege to drive in New York
State will be revoked or suspended. However, you maybe
eligible for a conditional license or a conditional
driving privilege if you participate in New York State's
Drinking Driver Program (DDP).
qualify for a conditional license or conditional driving
privilege, you will be allowed to legally drive within
certain limitations. A conditional license is not valid
for driving a vehicle that requires the operator to hold a
commercial (CDL) driver license.
To receive a conditional license
or conditional driving privilege,
you must participate in the DDP.
of Suspension or Revocation" (MVll0.lL) from the
Department of Motor Vehicles (DMV) will indicate a state
or county motor vehicle office where you may enroll in the
Drinking Driver Program. To enroll, you must present your
driver license or other proof of identity with signature.
A list of the current acceptable proofs of identity (form
"MV-44.1") is available from the DMV Internet Office, by
request from a DMV Call Center, and at any motor vehicle
office. You also must pay the program fees described in
this publication. If you are placed on probation because
of this conviction, you also must bring written permission
from the sentencing court, or your probation officer, that
allows you to apply for a license.
If you are
licensed in another state or a province of Canada and you
want to restore your New York State driving privilege, see
section "Out-Of-State Issues - DDP Entry."
Before you decide not to
participate in the Drinking Driver Program,
please read "If You Do Not Participate."
ABOUT THE PROGRAM
The Drinking Driver Program is part of New York State's
effort to reduce the personal and property losses caused
by drivers under the influence of alcohol and/or drugs.
The DDP helps the participants examine the arrest
experience and the reason for their arrest. It also helps
them learn to make appropriate driving decisions for the
future. During the DDP introductory session, participants
are asked to consider the reasons and goals of the
program, and its requirements for completion. Under the
guidance of the director and staff, participants discuss
the social, medical, legal, and driver safety problems
caused by alcohol and other drug abuse. The program
includes classroom education, screening, and if warranted
evaluation and treatment.
As a DDP participant, you must attend all seven weekly
classroom sessions. Each session takes 2 to 3 hours, for
16 hours total. When you satisfactorily complete the
classroom sessions, your involvement in the DDP will end,
UNLESS the program refers you for formal evaluation, and
any resulting treatment.
SCREENING AND REFERRAL
Some DDP participants are referred from the classroom
phase for formal substance abuse evaluation. Referral can
the results of a written self-inventory.
two or more alcohol or drug-related driving convictions
within 10 years.
an arrest for an alcohol or drug-related driving
violation while enrolled in the DDP.
attending class under the influence of alcohol or drugs.
a request by the student for help with a substance abuse
problem, or an admission that the student is currently
If you are referred for evaluation, you may choose a
provider from a list supplied by the DDP. If you are not
satisfied with the results of the evaluation, you may
contact the DDP director and request a second evaluation.
However, you must accept the findings of the second
evaluation, you may be required to complete a formal
substance abuse treatment program. If you fail to complete
required evaluation or treatment, you will be dropped from
the DDP and your conditional license will be revoked.
You will receive a "Notice of Completion" (MV-2026) when
you have completed all the requirements of the Drinking
Driver Program. A copy of your completion notice will be
sent to the DMV. Depending on your license status and
driving record, your license will be restored or you will
be eligible to apply for a new license. You may not be
allowed to apply right away if:
your conditional license is under revocation.
you were under 21 when the alcohol or drug-related
driving violation occurred.
you refused an alcohol or drug test on the date of the
you committed the alcohol or drug-related violation
while operating a commercial motor vehicle.
DROPS, RE-SENTENCING, RE-ENTRY
You will be dropped from the DDP and lose your conditional
license if you:
do not attend class, any required evaluation, or
do not otherwise satisfactorily participate in the
do not pay the program fees.
If you are
dropped from the DDP, you may not re-enter without a
written letter of consent from the DDP director.
Bring the letter to any state or county motor vehicle
office for additional information about re-entering. A
re-entry fee of $50 is required, payable to the DDP. There
are restrictions on the number of times that a participant
may re-enter the program and keep a conditional license.
At the time of sentencing, the court may have issued
you a conditional discharge (CD) that requires DDP
completion. DMV will notify the court if you do not enroll
in the program, or are dropped from it. The court then may
call you in for re-sentencing.
When you enroll in the Drinking Driver Program, you must
pay the Department of Motor Vehicles (DMV) a
non-refundable fee of $75. Other fees also may be required
in certain cases. Checks or money orders must be made
payable to the "Commissioner of Motor Vehicles."
After enrollment, you also must pay a fee directly to the
agency that will conduct your DDP classes. The maximum DDP
enrollment fee is $225, payable to the program you attend.
Motor vehicle staff will tell you the exact fee and who to
pay. Payment is expected when you attend the first class.
There will be additional fees if you transfer to another
DDP or apply to re-enter a program you have been dropped
During the DDP course, you may be referred to a DMV
recognized health care provider for formal evaluation and,
if necessary, any resulting treatment. If formal
evaluation or treatment is needed, you will have to pay
additional fees to the agency that provides those
limitations for using a conditional license, and the
reasons for its revocation, also apply to conditional
driving privileges issued to participants licensed in
WHERE AND WHEN YOU MAY DRIVE
A conditional license is not valid for driving a taxicab
or any motor vehicle that requires the driver to have a
Commercial Driver License (CDL).
If you receive a conditional license, it is valid to drive
to and from work, and during work if driving is part of
to and from a class at an accredited school or college.
to transport your child to and from a child care
facility or school when necessary to maintain your
to and from DDP classes and any required evaluation or
to and from a state or county motor vehicle office for
business related to your conditional license
to and from court-ordered probation activities.
to and from medical examinations or treatment for you or
a member of your family, as certified in writing
by a physician.
during the three-hour weekly period listed on your
conditional license attachment.
|If your job or
school changes location, you must immediately notify
the DMV. To do this, complete a "Conditional
License-Privilege Attachment" (MV-2020, available at
most motor vehicle offices), and submit it to a state
or county motor vehicle office.
Your conditional license
will be revoked if you are convicted of violating any
condition listed in "Where And When You May Drive" or of
any moving violation, including those concerning cell
phones, seat belts, or child safety seats or systems.
After the conditional license is revoked, you may continue
to attend the Drinking Driver Program, but you must not
drive under any circumstances. If you are over
21 years old and complete the program without additional
convictions, your full license will be restored at the end
of the program. If you are under 21 and
your conditional license is revoked, you must serve a
one-year revocation even if you complete the DDP.
Your conditional license
also will be revoked if you are convicted or found guilty
of any additional alcohol or drug-related violation, or
any other violation or incident that usually results in
license revocation. If your conditional license is revoked
you may continue to participate in the DDP without
driving, but you will not be re-licensed immediately after
you complete the program. The DMV will consider your
re-licensing only after you have completed the DDP and
have served any required revocation period. You must turn
in the revoked conditional license to a state or county
motor vehicle office to receive credit toward the
you are dropped from the Drinking Driver Program, your
conditional license will be revoked. If this occurs, your
original license suspension or revocation will be
reinstated for its full length.
You must turn in your
conditional license immediately upon receiving a
revocation order. If you wait, your return to full license
status may be delayed.
RE-LICENSING AFTER DDP
You may be eligible for full
non-CDL (non-commercial driver license) driving privileges
after you complete the DDP, all recommended formal
evaluations, and any resulting treatments. Your CDL
(Commercial Driver License) or commercial driving
privileges will remain suspended or revoked until the end
of the original suspension or revocation. After the end of
the CDL suspension or revocation, you must go to a motor
vehicle office to apply for restoration of your CDL or
commercial driving privileges.
If your original license had
been suspended, you must take these steps:
- complete the DDP;
- go to any state or county
motor vehicle office to have your license restored;
- pay a $25 suspension
termination fee; or, if your license had been suspended
following a violation of the "Zero Tolerance Law," you
must pay a $100 suspension termination fee and a $125
- and, pay any required
license fees, such as for license renewal.
If your original license had been revoked, you must:
- complete the DDP;
- bring your DDP "Notice of
Completion" (MV-2026) and conditional license to the
state or county motor vehicle office that issued the
- meet all DMV requirements
and criteria for re-licensing;
- and, pay any required
license fees such as for license renewal, or for any
required skills tests for Commercial Driver Licenses.
Note: Re-licensing after
revocation is NOT automatic. DMV must review your
application. Do not drive without a valid license or you
may be charged with a crime even if the time period of
your suspension has expired.
OUT-OF-STATE DDP PARTICIPATION
|WHAT TO DO
||Contact the Driver Improvement
Adjustment Unit (DIAU) for information about
equivalent out-of-state programs. The out-of-state
program need not be identical in length or number of
sessions as the DDP. After you enroll in an approved
program, bring or mail proof to a NY state or county
motor vehicle office. If you are eligible, that office
will issue you a conditional license. If you qualify,
your license must remain in conditional status for at
least 60 days.
||If you have not received an order of
suspension or revocation, it is possible that the DMV
has not received proof of your out-of-state
conviction. Contact the DIAU for information about
entering your out-of-state conviction onto the DMV's
record. When it has been entered, you will be mailed a
suspension or revocation order, and information about
the DDP and conditional license options.
||After your alcohol/drug conviction is
on the DMV record and eligibility has been determined,
go to a NY state or county motor vehicle office and
enroll in the DDP. At enrollment, you must present a
driving record (abstract) from your home state before
the DMV can issue a conditional driving privilege.
||This is called a "courtesy" enrollment
in the DDP, which may satisfy another state's
requirements. Check with the other state to verify
whether they will accept the New York State DDP. Bring
proof of your out-of-state conviction to a NY state or
county motor vehicle office. No driving abstract is
needed, as a New York license privilege will not be
The DMV cannot
consider your application for re-licensing until the end
of the revocation period if you originally had refused a
request for an alcohol or drug test, had committed the
alcohol or drug-related violation while driving a
commercial motor vehicle, or were under 21 at the time of
your arrest. However, if you complete the DDP and have a
conditional license, you may continue driving in
conditional status during the remainder of the revocation
OUT-OF-STATE ISSUES -
Most DDP participants are
New York State licensed drivers convicted of alcohol or
drug-related driving offenses that occurred in New York
State. To participate in the DDP, those drivers should
follow the instructions previously described in this
The situation of other
drivers may fit the "out-of-state" Circumstances described
in "Out-of-State - DDP Participation." Proof of
alcohol or drug-related conviction is required.
For more information, contact the DMV Driver Improvement
Adjudication Unit (DIAU).
IF YOU DO NOT
you are eligible to participate in the Drinking Driver
Program and you choose not to participate, you will not be
eligible again for the program or a conditional license
for the next five years. Under some plea-bargain
agreements, the court may order you to participate even if
you already had attended the DDP within the previous five
years. However, you will not be eligible for a conditional
Note the effective
date on your "Order of Suspension or Revocation"
Unless you already have turned in your license to the
court, you must turn it in to a DMV office or a county
motor vehicle bureau by this date.
If you do not participate in
the DDP, your license suspension or revocation officially
begins at your hearing or sentencing in court, unless the
court gives you a "Continuation of Driving Privileges"
(MV-ll92). Your credit for serving the suspension or
revocation begins on the effective date of the order. If
you receive a "Continuation," your suspension or
revocation will begin 20 days after sentencing. You must
then turn in your license at a motor vehicle office,
unless it has already been taken by the court. If your
license is missing, contact a state or county motor
vehicle office for guidance about what to do.
||It is a
criminal offense to drive a motor vehicle while your
license is suspended or revoked. If you are convicted
of driving under suspension or revocation, you will be
fined at least $500, and you will be sentenced to jail
or probation. In addition, the police will impound the
vehicle you were driving when arrested.
RE-LICENSING FOR NON-PARTICIPANTS
New York State Licensed Drivers: If your
driver license is suspended, it will be restored after the
end of the suspension period and payment of the suspension
termination fee. You may pay the fee at, or mail it to,
any state or county motor vehicle office. You may also
mail it to the DMV Driver Improvement Adjudication Unit (DIAU).
If your driver license is revoked, you must apply directly
to the DIAU for a new license, and pay a non-refundable
re-application fee of $50 and any other license fees. Your
application cannot be approved before the minimum
revocation period is served, but the DMV will accept it
for review up to 45 days before the revocation ends. If
you are placed on probation, you must present written
permission (also called, "probation clearance") from the
sentencing court or your probation officer.
If your CDL and non-CDL driving privileges are both
revoked, you may apply to the DIAU at the end of the non-CDL
sanction for restoration of your full non-CDL privileges.
Then, at the end of the CDL revocation, you may apply at
any motor vehicle office for the restoration of your CDL
If your driving record contains two or more alcohol or
drug-related incidents in 10 years, the DMV requires
written evidence, before your application will be
considered, that substance abuse treatment is not required
or has been completed. Contact the DIAU for a list of
evaluation and treatment providers.
If your license is revoked for a second "Zero Tolerance
Law" violation (driving after consuming alcohol, under age
21), the reapplication fee is $100, and you must pay a
$125 civil penalty. You must also pay a civil penalty fee
of $300 ($750, second offense) if you had refused to
submit to a chemical test at the time of arrest.
You must submit a completed "Application for Driver
License" (MV-44), available from the DMV Internet Office,
a DMV Call Center, or any motor vehicle office. Payment
must be by check or money order only, payable to the
"Commissioner of Motor Vehicles." Mail your application
and payment to:
Driver Improvement Adjudication
Department of Motor Vehicles
6 Empire State Plaza
Albany, NY 12228
Phone: (518) 474-0774
The DMV will review your
driving record and notify you by mail whether your
application is approved or denied. If approved, you must
bring it to a state or county motor vehicle office for
processing. You may be required to pass qualifying tests.
After your license is issued, you must serve a six-month
If your driving record
contains two or more alcohol or drug-related incidents in
10 years, the DMV requires written evidence, before your
application will be considered, that substance abuse
treatment is not required or has been successfully
completed. Contact the DIAU for a list of evaluation and
Drivers Licensed Outside New York State:
After you complete your
period of suspension or revocation, you may request the
restoration of your New York State driving privilege. Send
a letter requesting restoration to the DMV Driver
Improvement Adjudication Unit (DIAU). Your letter should
include your full name and date of birth. Also enclose a
check or money order of $25 for the restoration fee,
payable to the "Commissioner of Motor Vehicles." You must
not resume driving in New York State until the DMV
notifies you, in writing, that your driving privilege has
In addition to paying any
fines, fees, penalties and surcharges authorized by law,
you must pay a "Driver Responsibility Assessment" for
certain violations that result in a conviction or
administrative finding. Your learner permit, driver
license, or driving privileges will be suspended if you do
not make these payments.
If you are convicted of
Driving While Intoxicated (DWI), Driving While Ability
Impaired (DWAI) or Driving While Ability Impaired by
Drugs, or if you are found to have refused to submit to a
chemical test, you will be required to pay a driver
responsibility assessment of $250 each year for the next
Participation in the Drinking Driver
Program (DDP) will not prevent, reduce, or delay any
fines, fees, or penalties imposed under the driver
responsibility assessment program. The most recent
information about the "Driver
program is available from the DMV Internet Office.