Editor's note: Several definitions in this column are taken from "Criminal Law Slanguage of New York," fourth edition, by Glenn Murray and Gary Muldoon (LesixNexis, 2007).

In handling DUI cases, it is critical to distinguish different kinds of offenses, licenses and eligibility for conditional and restricted-use licenses and privileges.

This article, a general introduction to DUI law, is designed to help law practitioners to understand such disctinctions.

DUI offenses

DUI, or driving under the influence of drugs or alcohol, is an offense in New York. There are several types of DUI offenses, commonly called by these sub-species:

• DWI. Driving while intoxicated. Misdemeanor, VTL §§ 1192(2)(3).

• Common-Law DWI. Driving while intoxicated charge, VTL § 1192(3), based on physical condition.

• Per Se DWI. Driving while intoxicated charge, VTL § 1192(2), based on proof of blood-alcohol content (BAC) at or above .08 percent.

• ADWI. Aggravated driving while intoxicated. Misdemeanor, VTL §§ 1192(2-a), if BAC is at or above .18 percent. Enhanced sentencing of one-year revocation and fine of $1,000-2,500, VTL §§ 1193 (2-b-2). Eighteen-month revocation if defendant has had prior conviction within 10 years, VTL § 1193 (2)(b)(3).

• DWAI. Driving while ability impaired (traffic infraction), VTL § 1192(1), based on physical condition or BAC at or above .05 percent. A lesser included offense of DWI, but not a lesser included offense of DWAID, VTL § 1192(4).

• DWAID. Driving while ability impaired by drugs. Misdemeanor, VTL § 1192(4).

• DWAIDA. Driving while ability impaired by drugs and alcohol. Misdemeanor, VTL § 1192(4-a).

• Felony DWI. A misdemeanor charge is enhanced to a felony if the motorist has a prior misdemeanor DUI conviction within 10 years, per VTL § 1193(1)(c).

• Zero-Tolerance Law (also referred to as "Baby DWI" or "Z-T"). It is unlawful for a motorist under age 21 to operate a motor vehicle after having consumed virtually any alcohol. The per se BAC is at or above .02-.07 percent for civil administrative finding and penalties. Penalty is a six-month suspension upon BAC violation and one-year revocation upon a chemical-test refusal, VTL §§ 1192-a, 1194-a, 1193(2)(a)(2). No conditional license will be granted if the chemical test is refused. A Z-T finding is not treated as conviction but, if the defendant is eligible for enrollment in the Drinking Driver Program (DDP), this disqualifies him or her for DDP for five years (see VTL § 1196[4]). This is the only drinking/driving disposition that allows a motorist to remain eligible for a conditional license if convicted for an offense committed within the next five years.

License classes

• Class D: The most common license, issued to drivers age 18 or older and to drivers age 17 who have completed driver education.

• Class DJ Limited: A junior license issued to drivers under the age of 18, for a six-month period of time, who have not completed a driver-education course. Restrictions apply.

• Class DJ: Junior-license status of drivers under the age of 18 who have completed a driver-education course and have operated on a DJ Limited for a 6-month period of time.

• Class E: Taxi and livery licence.

• CDL: Commercial Class A, Class B and Class C licenses.

• Class M: Motorcycle license.

• Class MJ: Junior motorcycle license.

Suspension vs. revocation

Suspensions forfeit the privilege of operating a motor vehicle for a definite period of time or until the motorist rectifies the reason for the suspension, such as by answering a summons, filing an accident report or appearing at a hearing. A $25 suspension-termination fee must be paid to terminate the suspension.

Revocations forfeit the privilege of operating a motor vehicle until a.) the minimum period of revocation has elapsed; b.) the motorist submits an application for relicensure; and c.) the application is approved by the state Department of Motor Vehicles (DMV). I tell clients that unless and until all these requirements are met, they can wait "until the world turns to dust" and never have a valid license again. A $50 non-refundable fee must accompany the application, along with any other unpaid penalties that are due, such as a civil penalty for chemical-test refusal and/or driver-responsibility assessment.

Operation of a motor vehicle without valid status may result in a criminal charge of aggravated unlicensed operation (AUO) pursuant to VTL § 511.

Privileges and restrictions

• Privileges. A motorist who does not have a New York driver's license might have a privilege of operating a motor vehicle in New York that corresponds with the same limits of the motorist's home-state license. New York privileges may be revoked or suspended upon violations of the New York Vehicle and Traffic Law (VTL) or reports of violations in other states.

• NDR. National Driver Register. Central repository of information concerning all motorists, licensed in any state, whose license or privilege to drive has been revoked, suspended, canceled or denied, or who have been convicted of serious traffic-related offenses. State driver-licensing agencies obtain NDR information to determine whether a motorist's license or privilege has been sanctioned by any other state. See http://www.nydmv.state.ny.us/forms/ndr1.pdf.

• RUL. Restricted-use license, available for certain non-alcohol-related offenses. Provides limited driving privileges during some kinds of driver's license suspension/revocation. Not available for class DJ, MJ, CDL or E licenses (VTL § 530; 15 NYCRR 135.7). Most DUI RULs are governed by specific VTL sections other than § 530. Various DUI RULs are described below.

Arraignment and pre-conviction

• Prompt-suspension law. Mandates court suspension of license at arraignment if motorist has BAC at or above .08 percent. Hardship privilege is discretionary with local court.

• Refusals. Mandates court suspension of license at arraignment pending refusal hearing, which terminates on the 16th day after arraignment or when a hearing is held. Refusal judge may, at his or her discretion, continue suspension if hearing is not complete or case is adjourned.

• Hardship privilege. Enumerates discretionary limited-driving privileges (such as work/school only) that court may grant to ameliorate a suspension pending prosecution based on BAC at or above .08 percent, VTL § 1193(2)(e)(7); see People v. Bridgman, 163 Misc.2d 818 (City Ct., 1995). No hardship privilege is available if the license is suspended pending a refusal hearing. Revocation or reinstatement is determined by the DMV.

• Pringle Hearing. Under BAC-based prompt-suspension law, court must hold a summary hearing before the conclusion of the proceedings required for arraignment and before the driver's license may be suspended (Pringle v Wolfe, 88 N.Y.2d 426, 1996, cert den, 519 U.S. 1009, 1996).

• Sean's Law. DJs and MJs are suspended at arraignment if motorist is charged with VTL § 1192-1, 2, 2-a or 3. VTL § 1193(2)(e)(7)(a-1).

• PCCL (Pronounced "pickle"). A pre-conviction conditional license, VTL § 1193(2)(e)(7)(d). Motorist is eligible for a PCCL 30 days after suspension, pending prosecution based solely on BAC, but only if eligible for post-conviction conditional license (CL).

Post-conviction

• 20-day order. Authorizes 20 days of full driving privileges following conviction and license surrender for determination of eligibility for conditional license, VTL § 1193(2)(d)(2). It does not stay any other suspension or revocation.

• CL. Conditional license, VTL § 1196 (4);15 NYCRR 134.7. Limited-use license some DUI defendants are eligible for, but only if convicted of DWAI or DWI or found in violation of zero-tolerance law. If charges are dismissed and refusal revocation is imposed by the DMV, there is no eligibility for a CL. Thus, for driving privileges, some motorists are better off convicted than acquitted. Effective Sept. 30, 2005, operation of a CMV on a CL is not allowed even if a certificate of relief from civil disabilities (CRD) is granted - whether or not the motorist was convicted of DWAI or DWI while operating a CMV. (See VTL §§ 1196[7][g], 530[5]). A CL is available only if the motorist is eligible for the Drinking Driver Program, VTL § 1196(4).

Post-revocation

• PRCL (Pronounced "perkel"). Post-revocation conditional license. A conditional license for motorists who are eligible for relicensure, but must comply with court-ordered ignition-interlock device (IID), VTL §§ 119-a, 1198(5), Penal Law § 65.10(2)(k-1), VTL § 1193(1-a)(c)(i).

• Permanent revocation. Upon three or more DUI convictions/refusals, some motorists are subject to permanent license revocation, VTL § 1193(2)(b)(12). See Gerstenzang, "Handling the DWI Case in New York," 2007-2008 edition, § 54.23.

• Court discretionary suspension/revocation. Besides specifically enumerated triggers that mandate suspension or revocation, a court may suspend a driver's license pursuant to VTL § 510 (3-a). This is called a discretionary or permissive suspension/revocation. A court may suspend or revoke a license for any VTL violation.

• Relicensure. The DMV has discretionary powers to deny limited driving privileges and/or relicensure depending on the motorist's driving history. This discretion may be exercised despite eligibility and after the minimum statutory period of revocation has expired.

Calculating suspension/revocation

Depending on the timing of the triggering event, some suspensions and revocations might be calculated simultaneously (concurrent suspensions) and others sequentially (consecutive suspensions). For example, the period of suspension pending prosecution (SPP) or suspension pending refusal hearing (SPRH) is never credited toward any DMV-imposed refusal revocation or any court conviction suspension or revocation imposed thereafter. In some cases, concurrent calculation or partial concurrent calculation might be obtained by waiving an impending refusal hearing. In that event, the date of waiver commences the revocation period sooner than it will if a revocation is imposed at a future refusal hearing.

Occupational licenses

A commercial motor vehicle may not be legally operated with a limited-use license, even if the court granted a certificate of relief from civil disabilites (CRD). A taxi license might be operated within some limited driving privileges if the court grants a CRD.

A conviction of any moving violation during limited-driving privileges (RUL/CL) may result in forfeiture of privilege and reinstating original period of underlying suspension or revocation.

Glenn Murray is a Buffalo criminal-defense attorney with more than 20 years' experience. A member of the National College for DUI Defense, he can be reached at gemesq@mac.com. Ida Traschen, first assistant counsel with the New York State Department of Motor Vehicles, and Rita Los, an administrative law judge with the agency, assisted in the preparation of this column.