Drinking Driving Program
Attendance of, and the successful completion of the NY State Drinking Driving Program (DDP) is necessary for you in Obtaining a Post Conviction Conditional Driver's License.
When a motorist's license is suspended or revoked for the conviction of any subdivision of Article 1192 the motorist must surrender his license to the court. The motorist's attorney may apply to the court for a 20 day stay of the mandatory suspension or revocation. This will allow the motorist time to apply for a conditional license at DMV if eligible.
A condition of the post-conviction conditional license is that the motorist enrolled and successfully completed the DDP. The cost of the conditional license is $75.00. If a motorist has been issued a pre-conviction conditional license, the motorist is not required to pay an additional $75.00.
The cost for attending the program is $225.00, which must be paid no later than the third class. Some programs require the motorist to pay $175.00 at the first class.
The program consists of 7 classes, one class a week for seven weeks. Each class is approximately two to three hours long. The aggregate number of hours of the course range from 15-17 hours.
The aim of the course is to educate the motorist so as to deter future violations. In addition to the lectures, the motorist will be given written tests and interviewed by the instructor. These tests and interview are designed to determine if the motorist is at risk for alcohol or drug abuse or in need of further therapy. In those cases where the motorist is found to be at risk, the motorist receives a referral for further therapy to an outside agency. This additional therapy can last upwards of eight months and can also be extended upon the recommendation of the Department of Mental Health and other governmental agencies. Moreover, the motorist must pay for the additional therapy.
If the motorist refuses to obtain the additional treatment or his participation is unsatisfactory, his conditional license will be terminated and the original suspension or revocation stemming from his conviction will be imposed.
Moreover, if a person does not complete the DDP program, their conditional license will be terminated and the original suspension or revocation will be re-imposed in full from the date of the termination of their conditional license.
More than 33% of those who participate in the DDP program are referred out for additional therapy. I have heard of classes where only 3 out of the 25 participants passed the DDP course. In view of the importance of the DDP, it is imperative that any motorist who must attend the DDP speak to a lawyer who has a full understanding of the DDP and the criteria that is used for making referrals before attending the DDP in order to increase their chances of completing the DDP successfully.
At our firm we help prepare our clients for the DDP.