Pre-Conviction License Suspension Pending Prosecution
In an effort to discourage defendants accused of DWI or Driving while Impaired by Drugs from stalling and prolonging the criminal cases, the New York Legislature imposed automatic License Suspension Pending Prosecution.
Even if you are not guilty and the charges are eventually dismissed, every motorist accused of DWI/DUI with a BAC of .08 or higher will automatically have their license suspended while the charges are pending. The law, VTL § 1193(e), does not apply to those charged with the lesser offense of Driving While Alcohol Impaired (DWAI), but does apply to those charged with driving while impaired by drugs.
