What You Need to Know After a DWI Arrest in New York City or Long Island
If you have been convicted of an alcohol or drug-related driving offense in New York State, your license or privilege to drive will be either
revoked or suspended. That reality can be overwhelming, especially when your ability to get to work, school, or medical appointments depends on having a valid license.
However, there is an important program that may help you get back behind the wheel sooner — with significant restrictions — while also addressing the behaviors that led to the conviction. It is called the
Impaired Driver Program (IDP), and it is administered by the New York State Department of Motor Vehicles (DMV) under
Vehicle and Traffic Law § 1196.
If the name sounds unfamiliar, you may have heard it referred to by its former name: the
Drinking Driver Program (DDP). The DMV officially renamed the program to reflect the fact that it covers
all impaired driving offenses — including those involving drugs, combinations of alcohol and drugs, and alcohol alone. Many courts, attorneys, and program providers still use the older name, so you may encounter both terms.
The purpose of this article is to give readers in New York City and Long Island a clear, step-by-step understanding of what the IDP involves, who qualifies, what it costs, and what is at stake if you fail to complete it. Whether you are facing your
first DWI charge in Manhattan, a DWAI arrest in
Nassau County, or a drug-related driving offense in Suffolk County, the information below will help you understand one of the most critical post-conviction requirements in New York.
What Is the Impaired Driver Program (IDP)?
The IDP is a
DMV-operated alcohol and drug rehabilitation and education program authorized under New York
Vehicle and Traffic Law § 1196. It is designed to help participants identify and change high-risk behaviors associated with alcohol and drug use while driving.
In practice, the program consists of
seven weekly classroom sessions totaling approximately
16 hours of coursework (each session runs roughly 2 to 3 hours). The statute requires a minimum of 15 hours of instruction. Sessions use a combination of
multimedia presentations, guided discussions, individual and group activities, and participant workbooks to deliver the educational content.
During the program, participants complete a
preliminary screening — a written self-inventory designed to identify risk factors for a substance abuse disorder. Those found to be at risk are referred for a comprehensive clinical assessment and, if warranted, substance abuse treatment. We will cover the assessment and treatment process in greater detail later in this article.
Important: The IDP Is Not Limited to Alcohol Offenses
The Impaired Driver Program covers all drug-related driving violations as well, including DWAI-Drug (VTL § 1192(4)) and DWAI-Combination (VTL § 1192(4-a)). Cases involving aggravated DWI charges (BAC of .18% or higher) are also covered. If your arrest involved marijuana, prescription medication, or any controlled substance — with or without alcohol — the IDP still applies.
The IDP must be
available in every county in New York State. In rare cases where the volume of participants in a particular county is too low to sustain a program, arrangements are made for residents to attend in a neighboring county.
Who Is Required to Attend the IDP?
While the DMV technically describes the IDP as “voluntary,” the reality is that
completing the IDP is effectively mandatory for most people convicted of impaired driving offenses in New York. There are two primary reasons for this.
First, enrollment in the IDP is a prerequisite for obtaining a
conditional license during your suspension or revocation period — meaning that without the IDP, you cannot legally drive at all until the full suspension or revocation has been served.
Second, successful completion of the IDP is typically required for
full reinstatement of your driving privileges after the suspension or revocation period ends. In many first-offense DWI cases, courts also
mandate IDP participation as a condition of a conditional discharge at sentencing.
Offenses That Trigger IDP Eligibility
The IDP applies to convictions under all subdivisions of
VTL § 1192, including:
| Offense |
Statute |
Description |
| DWAI (Alcohol) |
VTL § 1192(1) |
Driving While Ability Impaired by alcohol |
| DWI (Per Se) |
VTL § 1192(2) |
BAC of .08% or higher |
| Aggravated DWI |
VTL § 1192(2-a) |
BAC of .18% or higher |
| DWI (Common Law) |
VTL § 1192(3) |
Intoxication established by observation/evidence |
| DWAI-Drug |
VTL § 1192(4) |
Impaired by drugs other than alcohol |
| DWAI-Combination |
VTL § 1192(4-a) |
Combined influence of alcohol and drugs |
Youthful offenders adjudicated for alcohol or drug-related traffic offenses are also eligible for the IDP. However, a court may, in its discretion, prohibit a defendant from enrolling in the program at sentencing.
Who Is Not Eligible for the IDP (for Conditional License Purposes)?
Not everyone who is convicted of an impaired driving offense can participate in the IDP for the purpose of obtaining a conditional license. The following eligibility restrictions apply:
The Five-Year Look-Back Rule
You are
not eligible if you have
participated in the IDP within the last five years. You are also ineligible if you have been convicted of another alcohol or drug-related driving violation within five years of the current offense — even if you did not participate in the IDP for the prior offense. The five-year period runs from the date of completion of a prior IDP to the date of commission of the new offense.
Court-Ordered Exception
A court can still order IDP participation even if you completed the program within five years. However, in that scenario, you will not be eligible for a conditional license through the program. If a prior conviction is later vacated or overturned, your eligibility resets.
Commercial and Professional Drivers
Holders of a Commercial Driver’s License (CDL), taxi and livery drivers, bus operators, and drivers of certain heavy commercial vehicles are
not eligible for a conditional license through the IDP, even though they may attend the program itself. The DMV’s
conditional license rules explicitly prohibit operating commercial vehicles under conditional driving privileges.
Drivers Under 21
Drivers who were under 21 at the time of the offense face
additional restrictions on license restoration even after completing the IDP, including a mandatory one-year revocation if the conditional license is revoked for any reason. For younger drivers especially,
taking a first DWI seriously is critical to avoiding long-term consequences.
How to Enroll in the IDP
Enrollment must be completed
in person at a New York State DMV office. The
Order of Suspension or Revocation that you receive from the DMV will indicate a nearby office where enrollment can take place.
Timing and the “20-Day Stay”
Your license suspension or revocation officially begins at your hearing or sentencing in court. However, defense attorneys commonly request that the court issue a
Continuation of Driving Privileges (Form MV-1192), which
delays the start of the suspension or revocation by 20 days after sentencing. This “20-day stay” gives you critical time to enroll in the IDP and apply for a conditional license before losing all driving privileges. Understanding
what happens after a DWI arrest can help you act quickly during this window.
It typically takes approximately two days after sentencing for the court’s conviction to be processed and transmitted to the DMV, so enrolling immediately after sentencing is usually not possible.
What to Bring to the DMV
When you visit the DMV to enroll, be sure to bring proof of identity with your signature (your physical license may have been taken by the court), payment for the enrollment fee, and — if you are on probation —
written permission from the sentencing court or your probation officer.
IDP Fees and Costs
The IDP involves several separate fees. Here is a breakdown of what you can expect to pay:
| Fee |
Amount |
Payable To |
| DMV Enrollment Fee |
$75 (non-refundable) |
Commissioner of Motor Vehicles |
| IDP Course Fee |
Up to $233 |
IDP Program Provider |
| Conditional License Fee |
$75 |
DMV |
| Re-Entry Fee (if dropped) |
$50 |
IDP Program Provider |
The
total minimum IDP-related cost is approximately $383 ($75 enrollment +
$233 course fee + $75 conditional license). The
DMV enrollment fee is payable by cash, check, credit card, debit card, or money order. The course fee is typically expected at the first class session.
If you are
dropped from the program for more than 90 days and need to re-enter, you must
start the entire seven-week course over and pay the full course fees again.
The True Financial Impact of a DWI Conviction
The IDP fees are just one piece of the total financial burden. The full scope of DUI penalties in New York includes mandatory court surcharges ($395 for misdemeanors, $520 for felonies), the Driver Responsibility Assessment (DRA) of $750 ($250 per year for three years), court-imposed fines ranging from $300 to $10,000 depending on the charge, and dramatically increased auto insurance premiums. When all costs are combined, even a first-offense DWI can cost thousands of dollars.
What Happens During the IDP Classroom Sessions
The IDP consists of
seven weekly classroom sessions, each lasting approximately 2 to 3 hours, for a
total of 16 hours of coursework. The program provides in-depth education about high-risk alcohol and drug choices to help participants identify and change dangerous behaviors.
Instructional methods include
multimedia presentations, guided discussions, and individual and group activities using participant workbooks. The sessions are designed to be interactive rather than lecture-only.
During the program, participants complete a
preliminary screening — a written self-inventory that evaluates risk factors for substance abuse disorders. The results of this screening may determine whether you are referred for additional assessment and treatment.
Attendance at all seven sessions is mandatory. Missing sessions or failing to participate satisfactorily can result in being
dropped from the program, which carries serious consequences (discussed below). A sign language interpreter is available at no cost for deaf or hard-of-hearing participants upon request at enrollment.
Substance Abuse Assessment and Treatment Referrals
During or after the IDP, participants may be referred for a formal
substance abuse assessment. This is not automatic for every participant, but it is triggered under specific circumstances. While the assessment process can feel burdensome, there are meaningful
benefits to attending rehabilitative programs after a DWI charge — both legally and personally.
Common Referral Triggers
You may be referred for a substance abuse assessment if any of the following apply:
- Your written self-inventory screening results indicate risk factors
- You have two or more alcohol or drug-related driving convictions within 10 years
- You are arrested for an alcohol or drug violation while enrolled in the IDP
- You attend class while under the influence of alcohol or drugs (or there is reasonable suspicion)
- You make a voluntary written request for help with a substance abuse problem
Referrals can also come from a New York State court or probation office, sometimes prior to IDP enrollment. Assessments must be performed by an
OASAS-approved provider (the Office of Addiction Services and Supports). The assessment process typically takes 1.5 to 2 hours and includes a personal history review, health history, substance use history, collateral interviews, a urine drug screen, and a written report.
Critical: Treatment Completion Is Required
If a substance abuse assessment results in a treatment recommendation, you must complete the recommended treatment before the IDP will issue your Notice of Completion. The statute caps treatment duration at 8 months unless otherwise recommended by health officials. If you disagree with the first assessment, you may request a second assessment through the IDP provider — but you must accept the findings of the second assessment.
The Conditional License: How It Works
One of the most significant benefits of enrolling in the IDP is the ability to obtain a
conditional license (or, for out-of-state license holders, a
conditional driving privilege). Because
license revocation in New York can last six months to a year or more, the conditional license provides a critical lifeline. The conditional license fee is $75, payable to the DMV.
A conditional license does not restore your full driving privileges. Many drivers wonder
whether their license is taken immediately after an arrest — and in many cases, it is. The conditional license allows you to drive only for the following specific, limited purposes:
| Permitted Use |
Details |
| Employment Commute |
To and from your workplace |
| On-the-Job Driving |
During work hours if your job requires driving |
| DMV Business |
To and from a DMV office for license or IDP matters |
| IDP Classes |
To and from IDP sessions and authorized activities |
| Education |
To and from an accredited college, university, or state-approved vocational school (not high school) |
| Court-Ordered Probation |
To and from probation activities |
| 3-Hour Personal Block |
One assigned 3-hour period per week (between 5 AM and 9 PM) on a non-workday |
| Medical Appointments |
To and from necessary medical treatment for you or a household member (must carry a doctor’s written statement) |
| Childcare / School Transport |
To and from a child’s school or daycare if necessary to maintain your employment or education |
Upon issuance, you will receive an
MV-2020 Conditional License/Driving Privilege Attachment listing the specific permissible uses. You must carry this document at all times when driving. The conditional license
cannot be used to operate a
commercial motor vehicle (CDL-required), taxicab, or livery vehicle.
When a Conditional License Can Be Revoked
A conditional license is a privilege that can be taken away. Your conditional license will be
revoked if you are convicted of any of the following:
- Violating any of the conditions listed on the MV-2020 attachment
- Any moving violation, including cell phone, seat belt, or child safety seat violations
- Any additional alcohol or drug-related violation
- Any other violation that would normally result in license revocation
The statute also allows revocation upon notification that the offender is
not attempting in good faith to accept rehabilitation, giving DMV broad authority to terminate conditional privileges.
If your conditional license is revoked, you may continue to attend the IDP without driving privileges. Participants can only be
re-issued a conditional license one time. Driving with a conditional license for any unauthorized purpose is a traffic infraction punishable by a fine of
$200 to $500, up to
15 days of imprisonment, or both — plus automatic revocation of the conditional license.
Drivers under 21 whose conditional license is revoked must serve a
one-year revocation even if they complete the IDP.
Completing the IDP: The Notice of Completion
Upon satisfying all program requirements — all seven classroom sessions, any required substance abuse assessment, and any required treatment — the IDP issues a
Notice of Completion. This notice is also electronically transmitted to the DMV.
Under
VTL § 1196(5), upon completion, a participant may apply to the Commissioner of Motor Vehicles for
termination of the suspension or revocation order. Depending on your license status and driving record, your license may be restored, or you may become eligible to apply for a new license.
When Full Reinstatement May Not Be Available
Even after completing the IDP,
full reinstatement of your license may not be available if:
- You have two or more alcohol or drug-related driving violations on your record
- Your conditional license is currently under revocation
- You were under 21 when the violation occurred
- You refused alcohol or drug testing on the date of the violation
- You committed the violation while operating a commercial motor vehicle
Consequences of Not Completing the IDP
Failing to complete the IDP carries serious and cascading consequences. Understanding what is at stake is critical.
You will be
dropped from the program if you do not attend class, do not attend a required assessment or treatment, do not participate satisfactorily, or do not pay program fees.
Once dropped, the following consequences take effect:
- Your conditional license or driving privilege is immediately revoked
- Your original suspension or revocation is re-imposed for its full length
- If the court imposed IDP completion as part of a conditional discharge, the DMV will notify the sentencing court of your failure — the court may then call you in for re-sentencing, which could result in harsher penalties
- You cannot regain full driving privileges without completing the IDP, even after your suspension or revocation period has been served
Driving while your license is revoked can also lead to additional criminal charges, including
aggravated unlicensed operation of a motor vehicle, which carries its own penalties separate from the underlying DWI.
If you are dropped and wish to re-enter, you must obtain consent from the IDP director and pay a $50 re-entry fee. If you have been
dropped for more than 90 days, you must
restart the entire seven-week course and pay all course fees again.
IDP Locations for New York City and Long Island
The NY DMV maintains a searchable
directory of IDP providers organized by county. Below is a summary of where to find programs in the New York City and Long Island areas.
New York City
IDP providers operate across all five boroughs, including programs in the Bronx, Brooklyn (Kings County), Manhattan (New York County), Queens, and Staten Island (Richmond County). Consult the
DMV’s IDP directory for current provider contact information and locations.
Nassau County (Long Island)
Nassau Community College operates an IDP at its campus located at 500 Endo Boulevard, Garden City, NY 11530. The course fee of $233 is paid online prior to the first class.
Suffolk County (Long Island)
IDP providers are also available in Suffolk County. Participants should check the
DMV’s IDP directory for current listings and contact details.
Remember: Register at the DMV First
You must complete your enrollment at the DMV before registering with an IDP provider. All programs are certified by both the NY DMV and the Office of Addiction Services and Supports (OASAS).
Understanding the Broader Penalties: DWI and DWAI in New York
The IDP exists within a broader framework of
penalties for impaired driving in New York. The following table provides context for the fines, potential jail time, and license actions associated with common alcohol and drug-related driving offenses:
| Violation |
Fine |
Max Jail |
License Action |
| DWAI (Alcohol) — 1st |
$300–$500 |
15 days |
Suspended 90 days |
| DWI or DWAI-Drug — 1st |
$500–$1,000 |
1 year |
Revoked ≥ 6 months |
| Aggravated DWI (.18+) — 1st |
$1,000–$2,500 |
1 year |
Revoked ≥ 1 year |
| 2nd DWI/DWAI-Drug in 10 yrs (E Felony) |
$1,000–$5,000 |
4 years |
Revoked ≥ 1 year |
| 3rd DWI/DWAI-Drug in 10 yrs (D Felony) |
$2,000–$10,000 |
7 years |
Revoked ≥ 1 year |
| Chemical Test Refusal |
$500 civil penalty |
N/A |
Revoked ≥ 1 year |
Source: NY DMV — Penalties for Alcohol or Drug-Related Violations
In addition to the penalties above, mandatory surcharges apply:
$395 for misdemeanor convictions and
$520 for felony convictions. Second and third offenses within ten years are charged as felonies — to understand what that means for your case, see our article on
whether a DWI is a felony in New York. The
Driver Responsibility Assessment (DRA) adds an additional $750 ($250 per year for three years) for any DWI conviction or chemical test refusal.
For drivers with extensive records, the consequences escalate dramatically. Four alcohol or drug-related convictions in a lifetime, or three within a 25-year look-back period combined with a serious driving offense, can result in
permanent license denial.
Frequently Asked Questions About the IDP
Q: Is the IDP mandatory after a DWI in New York?
A: While the DMV describes the IDP as voluntary, completing it is effectively required if you want a
conditional license during your suspension or revocation period and to have your full driving privileges restored afterward. Courts also commonly
mandate the IDP as part of a conditional discharge at sentencing.
Q: How long does the IDP take to complete?
A: The classroom portion consists of
seven weekly sessions totaling approximately 16 hours. If you are referred for
substance abuse treatment, additional time (up to 8 months) may be required before the IDP issues a Notice of Completion.
Q: Can I take the IDP online?
A: No. The
IDP requires in-person classroom attendance. The NY DMV does not offer an online option for this program.
Q: What does the IDP cost?
A: The
DMV enrollment fee is $75 (non-refundable) and the maximum
course fee is $233, paid directly to the program provider. The conditional license adds another $75, bringing the total IDP-related cost to approximately $383.
Q: What is the difference between a conditional license and a restricted license?
A: A
conditional license is specifically for drivers whose license was suspended or revoked due to an alcohol or drug-related violation, and it requires IDP participation. A restricted use license applies to non-alcohol/drug-related suspensions or revocations and has different eligibility requirements.
Q: Can I drive to the grocery store on a conditional license?
A: Only if the trip falls within your assigned
3-hour weekly personal time block. Outside of that window, the conditional license strictly limits driving to employment, school, medical appointments, IDP classes, probation activities, and childcare/school transport.
Q: What happens if I get a speeding ticket while on a conditional license?
A: Any
moving violation conviction — including speeding, cell phone use, or seat belt violations — will result in revocation of your conditional license.
Q: Can out-of-state drivers participate in the IDP?
A: Yes. The DMV’s
out-of-state IDP options page explains that if you hold a license from another state and meet the eligibility requirements, you can receive a conditional driving privilege to drive in New York State while completing the IDP. You will need to provide documentation including a current driving abstract from your home state. The conditions and restrictions are the same as those for New York-licensed drivers.
Facing a DWI Charge in New York City or Long Island?
Navigating the IDP process, protecting your conditional license, and minimizing the long-term consequences of a DWI conviction requires experienced legal guidance. If you or a loved one has been charged with DWI, DWAI, or any alcohol or drug-related driving offense in New York City or on Long Island, the attorneys at
Lebedin Kofman LLP can help.
We represent clients facing DWI charges across Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, and Suffolk County. Our experienced DWI defense team understands the IDP process inside and out, and we are committed to fighting for the best possible outcome in every case.
Contact Lebedin Kofman LLP today for a free and confidential consultation.
Legal Disclaimer: This article is provided for informational and educational purposes only and does not constitute legal advice. The information contained herein is based on New York State law and DMV regulations as of the date of publication and is subject to change. Every case is different, and the specific facts of your situation may affect your eligibility for the IDP, a conditional license, or other options discussed above. For legal advice specific to your case, please consult with a qualified attorney.
