This is usually because the court-ordered license revocation after a DWI runs separately from the revocation  imposed by the DMV. If you have three or more DWI convictions (or chemical test refusals) on your record, you may find that the DMV will not issue you any type of license for a lengthy period of time. With three convictions on your record, they will usually deny your application for at least five years. And that is after the court-ordered revocation ends. Any more than three convictions and the DMV may deny your new license application forever.

It does not matter that you have done everything the court ordered you to do, and sometimes it doesn't matter that the convictions are decades old. The DMV Commissioner has a tremendous amount of discretion to issue drivers' licenses, and to deny applications. The reality is that the DMV abuses this discretion by not using it - EVERYBODY I talk to gets denied after four convictions. I don't know a single attorney who has ever successfully petitioned the DMV for a reinstatement, even though some claim to have won. If you are an attorney who has been successful in this endeavor, send me an email with a copy of the decision from the DMV. I'll link to your website right here because I have a lot of work for you.

As a result of the DMV's repeated refusal to use their discretion and consider an application, the only way forward would be to bring an Article 78 proceeding against the DMV. This is rather expensive because of the time involved. If you can find an attorney willing to do it, you should expect to pay $15,000 to $25,000.00.

The next question I am often asked is whether you can move to a different state and get a driver's license there. As of today, there are three states where this may be possible: Michigan, Wisconsin, and Tennessee. You would have to establish residency in that state, apply for a driver's license, and also understand that even if a license is issued in that state, you cannot use it to drive in New York.

If you have read this far and still think there is an issue you can fix, I suggest getting a copy of your lifetime driver's abstract from the DMV and reviewing it to see exactly how many DWIs and DWAIs you have. If you still can't understand why the DMV is denying your application, you can contact the DMV Driver Improvement Unit.