A conditional license in New York is a restricted license the DMV can issue to a driver whose license was suspended or revoked for an alcohol or drug-related driving offense, once the driver enrolls in the Impaired Driver Program. It allows driving only to and from work, school, program classes, probation, the DMV and medical treatment, to a child’s school or daycare when that is needed to keep a job or stay in school, and during one three-hour window each week. It costs $75 at the DMV plus up to $233 paid to the program.
A conditional license is one of several ways New York lets a driver keep some driving privileges during a DWI case. Which one applies depends on where the case is: at arraignment, a judge may grant a hardship privilege; 30 days into a suspension for a test result of .08 or more, the DMV may issue a pre-conviction conditional license; and after a conviction, the DMV issues the conditional license through the Impaired Driver Program. This page covers each one, the rules for using them, and how to get your full license back.
Conditional license in New York at a glance
- Who issues it: the New York DMV, under Vehicle and Traffic Law § 1196(7).
- Who can get one: drivers convicted of an alcohol or drug-related driving offense who enroll in the Impaired Driver Program (IDP), the program formerly called the Drinking Driver Program.
- Cost: a $75 non-refundable DMV fee, plus up to $233 paid to the program that runs your classes.
- How long it lasts: for the term of your suspension or revocation, unless the DMV revokes it first.
- Before a conviction: a pre-conviction conditional license may be issued once a .08 suspension has been in effect for 30 days.
- Commercial vehicles: never valid for driving a vehicle that requires a CDL, or for driving a taxi.
Your License During a DWI Case, Step by Step
A DWI arrest in New York can affect your license at three points: at arraignment, at sentencing, and when the suspension or revocation ends. Each stage has its own form of limited driving, issued by a different authority under different rules.
| Stage | What usually happens to the license | Limited driving that may be available |
|---|---|---|
| Arraignment | Suspended pending prosecution after a test result of .08 or more, after a refusal, or when the driver has a prior DWI-related conviction within five years | For the .08 suspension: a hardship privilege from the judge, then a pre-conviction conditional license from the DMV after 30 days |
| Sentencing | Suspended or revoked for the period the conviction requires, starting at sentencing or 20 days later if the judge grants a 20-day order | A conditional license from the DMV through the Impaired Driver Program |
| End of the term | A suspension ends after the fee is paid; a revocation requires DMV approval and a new license | Full license, if the DMV approves |
Suspension Pending Prosecution at Arraignment
Under VTL § 1193(2)(e)(7), the court must suspend your license at arraignment when you are charged with DWI, aggravated DWI or DWAI-combination and a chemical test showed a blood alcohol content of .08 or more. The judge has to find that the charging papers are sufficient and that there is reasonable cause to believe you drove with a .08 or higher, and you are entitled to make a statement and present evidence against that finding before the suspension is imposed. The suspension lasts until the case ends.
Two other suspensions can begin at the start of a case. A judge must also suspend the license, within 20 days of the first appearance, of a driver charged with DWI who has a DWI-related conviction within the past five years or who faces a felony assault or homicide charge from the same incident. And a driver who refused the chemical test has the license suspended at arraignment on the refusal report, pending a DMV hearing, as our page on New York’s implied consent law explains.
The Hardship Privilege
When the court suspends a license pending prosecution after a .08 test result, the judge may also grant a hardship privilege. The suspension still has to be imposed. The hardship privilege is a court order that lets you keep driving for a few essential purposes while the suspension runs.
The statute defines extreme hardship as the inability to obtain alternative means of travel to or from:
- your employment,
- necessary medical treatment for you or a member of your household, or
- your school, college or university, if you are a matriculating student and the travel is necessary to complete your degree or certificate.
A hardship privilege allows driving only for those three purposes. It does not cover driving as part of your job, and it is never valid in a commercial motor vehicle.
Proving extreme hardship
The burden is on you. The law says the court cannot find extreme hardship based only on your own testimony, so you need other evidence, such as a letter from your employer about your hours and location, records of medical appointments, or proof that no bus, train or ride is available. The arraignment can be put off no more than three business days to give you time to gather that evidence, and the judge has to state the reasons for the decision on the record. Because the window is so short, the hardship request is usually prepared before arraignment.
The Pre-Conviction Conditional License
Once a suspension for a .08 test result has been in effect for 30 days, the DMV may issue a conditional license while the case is still pending, if you are otherwise eligible. Under the DMV’s regulation, 15 NYCRR § 134.18, this license carries the same conditions as the regular conditional license, it is valid until the prosecution ends, and you do not take part in the Impaired Driver Program to get it. It is not valid in a commercial vehicle or a taxi.
The law ties the pre-conviction conditional license to the .08 suspension. A suspension for refusing the chemical test is imposed under a different statute, § 1194, which the pre-conviction rule does not cover.
Suspension vs. Revocation
A suspension takes your license away for a set period. When it ends, you pay a $50 suspension termination fee and the license is restored. A revocation cancels the license. When the revocation period ends, the license does not come back on its own: you have to apply to the DMV, get its approval, pay a $100 re-application fee, and receive a new license.
Which one you face depends on the conviction. These are the minimum periods set by VTL § 1193(2):
| Conviction | License sanction |
|---|---|
| DWAI (alcohol), first | Suspended 90 days |
| DWAI within 5 years of a prior DWI-related conviction | Revoked at least 6 months |
| DWI, DWAI-drugs or DWAI-combination | Revoked at least 6 months |
| Aggravated DWI (.18 or more) | Revoked at least 1 year |
| DWI, DWAI-drugs or DWAI-combination within 10 years of a prior one | Revoked at least 1 year |
| Aggravated DWI within 10 years of a prior DWI-related conviction, or DWI within 10 years of a prior aggravated DWI | Revoked at least 18 months |
| Chemical test refusal (DMV hearing) | Revoked at least 1 year, 18 months with a prior within 5 years |
Driving during a suspension or revocation without a hardship privilege or conditional license is a crime. Our page on aggravated unlicensed operation covers the charge.
The 20-Day Order at Sentencing
A suspension or revocation ordered at sentencing normally takes effect at once. Under VTL § 1193(2)(d)(2), the judge may instead order that it begin 20 days after sentencing. The DMV calls this a Continuation of Driving Privileges, form MV-1192. Those 20 days give you time to enroll in the Impaired Driver Program and apply for a conditional license before the revocation starts.
The 20-day order is not available when you were charged with a felony assault or homicide offense under Article 120 or 125 of the Penal Law arising from the same incident, or when you have a DWI-related conviction within the previous five years.
Who Can Get a Conditional License After a Conviction
Taking part in the Impaired Driver Program is the route to a conditional license, and the program is open to drivers convicted of an alcohol or drug-related driving violation. According to the DMV, you cannot take the program voluntarily, and so cannot get a conditional license, if either of these is true:
- You took part in the program within the last five years.
- You were convicted of another alcohol or drug-related violation within five years of the current one.
A court can still order you into the program in those situations, but you will not be eligible for a conditional license. The DMV’s regulation, 15 NYCRR § 134.7, also denies a conditional license to drivers who, among other things:
- were convicted of homicide, assault or criminal negligence arising from driving a vehicle,
- had a conviction or finding based on a fatal accident,
- had two or more other suspensions or revocations in the last three years,
- have three or more alcohol or drug-related convictions or incidents within the last 25 years, or
- are re-entering the program for a second or later time.
A refusal revocation from the same arrest as the conviction does not by itself disqualify you. The regulation counts a refusal and a conviction from the same incident as one incident, and it treats a license that is out only because of that same-incident refusal as valid for this purpose.
How to apply
- Wait for your Order of Suspension or Revocation, which names a nearby state or county DMV office where you can enroll.
- Enroll in person at that office. When booking, choose “Driver License, Permit, and Non-Driver ID (Photo Document) Services” and then “Apply for a Restricted or Conditional License.”
- Pay the $75 non-refundable DMV fee. If you are eligible, the conditional license is issued at enrollment together with form MV-2020, the attachment that lists where you may drive.
- Pay the program fee, up to $233, at your first class, then attend all seven weekly sessions, about 16 hours in total.
- Complete any clinical assessment or treatment the program refers you to. Failing to complete it gets you dropped from the program and costs you the conditional license.
The conditional license comes with rules that are easy to break by accident.
Driving outside the permitted hours or purposes can revoke it outright, and a revocation is harder to undo than the original suspension was. We handle the application, and we handle it when something goes wrong.
Get a Free Case Analysis → Or see what happens if you violate one →Where You Can Drive on a Conditional License
Under VTL § 1196(7)(a), a conditional license is valid only for these uses:
- To and from your place of employment.
- During working hours, if your job requires you to drive.
- To and from Impaired Driver Program classes and activities.
- To and from classes at an accredited school, college or university, or a state-approved vocational or technical school. The DMV notes this does not include driving to or from high school.
- To and from court-ordered probation activities.
- To and from a DMV office for business about the license or the program.
- During one three-hour period each week, chosen by the program, on a day you are not at your usual job. The DMV sets it between 5 a.m. and 9 p.m.
- To and from medical examination or treatment for you or a member of your household, with a written statement from a licensed medical practitioner that you carry with you.
- To and from a child’s school or daycare, if the child’s attendance there is needed for you to keep your job or stay enrolled in school.
Everyday questions follow directly from that list. Driving to the gym, the grocery store or a friend’s house is allowed only during your weekly three-hour window. “Work” means the trip to and from your job and, if driving is part of the job, driving during your working hours. Dropping your children at school is allowed only when their attendance is what lets you keep working or stay in school. The license itself is marked with its conditions, and your MV-2020 attachment lists the permitted uses, so an officer who stops you can compare where you are with what the license allows.
What Gets a Conditional License Revoked
Driving for any purpose the license does not allow is a traffic infraction under VTL § 1196(7)(f). A conviction carries a fine of $200 to $500, up to 15 days in jail, or both, and the DMV must revoke the conditional license.
The DMV can also revoke a conditional license for:
- a conviction for any traffic infraction other than parking, stopping or standing, including cell phone, seat belt and child safety seat violations,
- any new alcohol or drug-related driving offense,
- failing to register for, attend or take part in the program, or failing to pay its fees.
Once the conditional license is revoked, you may not drive at all, though you can keep attending the program. A driver 21 or older who completes the program without more convictions can have the full license restored at the end of the program if all other requirements are met. A driver under 21 must serve a one-year revocation even after completing the program. The DMV re-issues a conditional license only once. If you are charged with violating your conditional license, our page on conditional license violations covers the defense.
One conditional license mistake can put you back on foot.
New York revokes conditional licenses for violations most drivers never realize are violations, and the DMV re-issues a conditional license only once. The DWI Team fights revocations and works to keep you driving legally while the case is open.
Commercial Drivers
No form of limited driving covers commercial vehicles. A conditional license, a pre-conviction conditional license and a hardship privilege are all invalid for driving a vehicle that requires a CDL, and a conditional license is also invalid for driving a taxi. A CDL holder may still be able to drive a personal vehicle on a conditional license, as our article on driving a non-commercial vehicle with a suspended CDL explains, and our page on CDLs and DWI covers the commercial license itself.
Drivers Licensed in Another State
A driver with a license from another state who meets the other requirements can receive a conditional driving privilege for New York, with the same conditions as a New York conditional license. Our page on out-of-state licenses after a New York DWI arrest covers what may happen to the home-state license.
Getting Your Full License Back
When the program sends its Notice of Completion to the DMV, your license may be restored or you may become eligible to apply for a new one, depending on your record. The DMV lists several things that affect eligibility at that point: two or more alcohol or drug-related violations on your record, a conditional license under revocation, being under 21 at the time of the violation, a refusal on the date of the violation, and committing the violation in a commercial vehicle.
After a revocation, the DMV reviews your lifetime driving record before approving a new license, and it denies reinstatement to drivers with certain patterns of repeat alcohol or drug-related offenses. Our article on New York’s DMV relicensing rules explains that review, and the DMV’s restoration page has the application steps. A DWI conviction also requires an ignition interlock, covered in our guide to ignition interlock devices.
How a Lawyer Can Help With Your License
The most time-sensitive decisions about your license come at the very start of the case. A hardship request has to be supported with evidence at arraignment, a refusal hearing comes within weeks, and a 20-day order has to be asked for at sentencing. A DWI defense attorney can prepare the hardship evidence, challenge the basis for a suspension, and plan the case around your eligibility for a conditional license. Contact the DWI TEAM for a free case analysis.
Frequently Asked Questions About Conditional Licenses in New York
How much is a conditional license in NY?
The DMV charges a $75 non-refundable fee when you enroll in the Impaired Driver Program and apply for the conditional license. The program that runs your classes charges up to $233 more, paid at the first class.
How long does it take to get a conditional license in NY?
If you are eligible, the DMV issues the conditional license when you enroll in the Impaired Driver Program in person at a DMV office, together with the MV-2020 attachment listing where you may drive. A judge can delay the start of your revocation by 20 days at sentencing to give you time to enroll. A pre-conviction conditional license is available only after a .08 suspension has been in effect for 30 days.
How long can you have a conditional license in NY?
A conditional license stays valid for the term of your suspension or revocation unless the DMV revokes it first. A pre-conviction conditional license lasts until the criminal case ends.
What is the difference between a hardship privilege and a conditional license?
A hardship privilege is granted by the judge at arraignment, after a suspension for a .08 test result, when you prove extreme hardship. It allows driving only to work, necessary medical treatment and school. A conditional license is issued by the DMV, usually after a conviction and enrollment in the Impaired Driver Program, and it allows a longer list of uses, including a weekly three-hour window.
What is the difference between a conditional license and a restricted use license?
A conditional license is for drivers whose license was suspended or revoked for an alcohol or drug-related violation and who enroll in the Impaired Driver Program. A restricted use license is issued by the DMV to drivers whose license was suspended or revoked for violations that are not alcohol or drug-related.
Can I drive to the gym with a conditional license?
You can drive to the gym only during your weekly three-hour period. Outside that window, a conditional license covers work, school, program classes, probation, DMV business, medical treatment and childcare needed for work or school.
Can I get a conditional license if I refused the chemical test?
A refusal revocation from the same arrest as your conviction does not by itself disqualify you from a conditional license under the DMV’s regulation, 15 NYCRR 134.7. The pre-conviction conditional license is tied to the suspension that follows a .08 test result, so a refusal suspension does not lead to one.
Can I get a conditional license after a second DWI?
Usually you cannot. The DMV does not allow voluntary participation in the Impaired Driver Program, and so does not issue a conditional license, if you took part in the program within the last five years or were convicted of another alcohol or drug-related violation within five years of the current one.
What happens if I drive outside the conditions of my conditional license?
It is a traffic infraction under VTL 1196(7)(f), punishable by a fine of $200 to $500, up to 15 days in jail, or both, and the DMV must revoke the conditional license after a conviction.
This page explains New York law in general terms and is not legal advice for your situation. Every case turns on its own facts. Contact the DWI TEAM to talk with an attorney.
