IDP - Impaired Driver Program (formerly DDP Drinking Driver Program) - Do I have to do it?

At the Law Office of Dusenberry & Dusenberry, we often get the question: Do I really have to take the Impaired Driver Program? or IDP for short, which used to be called DDP - the Drinking Driver Program.

Short answer:  Probably. If you were charge with DWI in New York, and you want to have a Conditional License during your suspension or revocation, and while you’re fighting the case, then you’ll need to do IDP.

If you are charged with a DWI in New York, you may be eligible for a Conditional License 30 days after your first time in court.

Some people are not eligible for a Conditional - if you completed IDP or DDP within 5 years of the new DWI case, you cannot do it again and therefore cannot apply for a Conditional License.

30 days after your arraignment (first court appearance), you can go to the local DMV, pay $75 and get your "Pre-Conviction Conditional License."  

Where and when you can drive

A conditional license/driving privilege is not valid to operate a taxicab or a vehicle for which a Commercial Driver License (CDL) is required.

If you receive a conditional license or conditional driving privilege, you may drive ONLY under the following circumstances

• to and from your place of employment

• during the hours of employment if your job requires you to drive a motor vehicle

• to and from a Motor Vehicle office to transact business regarding the conditional license or IDP.

• to and from a class or activity that is an authorized part of the IDP

• to and from a class or course at an accredited school, college or university, or at a state-approved institution of vocational or technical training in which you are enrolled - a conditional license/driving privilege CANNOT be used to drive to and from a high school

• to and from probation activities ordered by the court

• during an assigned period of three consecutive hours between 5 am and 9 pm once a week - the assigned period will not be changed unless this privilege is amended

• to and from a medical appointment that is part of necessary treatment for you or a member of your household - you must carry a written statement from your licensed medical practitioner as evidence, and show it to any police officer who asks to see it

• to and from a child’s school/day care if the child’s attendance at the school/day care is necessary for you to maintain employment or enrollment to an accredited school, college or university, or at a state-approved institution of vocational or technical training

http://dmv.ny.gov/tickets/conditional-license

This Pre-Conviction Conditional License (PCCL) is good until you are sentenced on the DWI charge.  

PHASE TWO - AFTER you are sentenced on a DWI

After you get sentenced to ANY drunk driving-related charge in New York, you will have to change your "Pre-Conviction Conditional License" (PCCL) to a "Post-Revocation Conditional License" (PRCL) by actually going to the DMV in-person (during Covid lockdowns, you must make an appointment to go to the DMV).

There is no difference between a Conditional License you receive during the case, and after sentence.

Your PRCL will give you driving privileges until the end of your revocation or suspension.  

What does this have to do with IDP?

When the DMV computer system gets updated with your DWI conviction (typically takes 12-14 business days after sentencing), you will have to go to the DMV to get a new conditional license.

At this interaction, the DMV will EXPECT you to sign up for the Impaired Driver Program. This is where they give you an ultimatum: 

"If you want to continue to drive on a Conditional License --you will have to take IDP."

But do I really have to take this class? 

It's a complicated question because the information my clients receive from the actual DMV is DIFFERENT from the information on the DMV website.  At the DMV, representatives tell my clients you MUST participate in the DDP if you want to continue driving… but see this text below from the New York DMV website...

Eligibility

Participation in the Drinking Driver Program is available on a voluntary basis if you have been convicted of an alcohol or drug related driving violation, unless you have participated in the program within the last 5 years, or have been convicted of another alcohol or drug violation within 5 years of the current alcohol or drug violation.

http://dmv.ny.gov/tickets/about-drinking-driver-program

So what should I do?

Short answer - take the IDP.  The benefits outweigh the costs, if you want to be able to drive. 

What happens if you decide NOT to participate in DDP?

The truth is, the DMV can take away your Conditional License.  If you let this issue go and simply try to evade the IDP over the course of your revocation or suspension, it is possible that the DMV will catch it at the conclusion of your suspension and force you to take it BEFORE they give your full driving privileges back.

Remember, the DMV is the Judge, Jury, and Executioner when it comes to your ability to drive in New York.  They can do whatever they like.

What is the benefit of participating in IDP?

If you take the IDP, then you will maintain your conditional driving privileges.  Also, and more importantly, you MAY have your full driving privileges restored EARLIER than you were sentenced.  For some first time offenders, the DMV will give FULL PRIVILEGES BACK upon completion of the DDP.   So, if you have a 6 month revocation and you complete the DDP at the 3 month mark, it is possible that the DMV could cut your revocation short by 3 months!  That's a huge amount of time.  

Ultimately, it is in the DMV's discretion is they choose to do this.  It is handled on a case-by-case basis.  If you have a clean history and are a first time offender, you have a good chance of having this happen.  It's a good thing. 

Hopefully, this article has explained some issues surrounding DWI and IDP/DDP. With that in mind, I look forward to speaking with anyone and everyone who has read this article and wants to learn more.

Please call 718-625-1777 for a FREE TELEPHONE CONSULTATION!

Matthew Dusenberry is a DWI, Criminal Defense and State and City Store License Defense Lawyer in Brooklyn, New York.

Harry Dusenberry has practiced Criminal Defense and DWI Law in New York City for over 40 years.

Law Office of Dusenberry & Dusenberry, 107 Smith Street, Brooklyn, NY 11201. 718-625-1777.

Web: Dusenberrylaw.com