Stewart A. McMillan, Esq.

How to Get a 20 Day Stay for a Driver's License Suspension

At the sentencing of every New York DWI case in the judge will suspend or revoke your New York State Driver’s License.

Post-sentence suspensions are different than the suspensions which occur while your case is proceeding.

However, once your case ends, our New York State or Westchester County DWI lawyers may be able to obtain a 20-day stay of your driver’s license suspension before it starts.

This 20-day stay may allow you to apply for and obtain a conditional driver’s license (to drive to and from work, medical or school) from the DMV once your court case ends (but before your DMV suspension begins).

Our Westchester and New York DWI lawyers will explain to you that the 20-day period is necessary because it takes a certain amount of time to obtain a conditional license from the DMV. It takes time to obtain a CDL License because the local courts mail your DWI conviction paperwork to the DMV in Albany, rather than by electronic means.

Our New York, Westchester, and Larchmont DWI lawyers will consult you that after the DMV in Albany receives your DWI conviction, you then have the ability to go to any DMV location and sign up for the NYS Drinking Driving Program (“DDP”). See our section on the NYS DDP on this website.

Once you enroll in the DDP, you will have the ability to obtain a conditional driver’s license from the DMV.

If the court grants you a stay, you will be able to drive anywhere you want, without restriction. during the 20-day period while the stay is in effect.

If the Court grants our request for a stay it will issue you a paper license, signed by the Judge. You should keep this paper license in your glove compartment during the entire 20-day period of the stay, because police officers frequently get confused and/or the computers in their police cars are down.

At the Law Offices of Stewart A. McMillan, our New York and White Plains DUI Lawyers counsel our clients that, in certain limited situations, our clients are not eligible for a 20-day stay.

A person is ineligible for a 20-day stay occurs if he has already enrolled in the NYS DDP within the last five-years. She is also ineligible for a 20-day if she refuses to take a DWI breath test.

Accordingly, if you or someone you know has been charged with DWI, don’t hesitate to contact our experienced DWI lawyers in New York and White Plains immediately. The phone call is free, and our lawyers are standing by 24/7 to answer any and all questions you may have.

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