IDP participants may be referred for a formal substance abuse assessment by a NY State court, the Department of Probation or the IDP. IDP referrals can result from

• the results of a written self-inventory

• two or more alcohol or drug-related driving convictions within 10 years

• an arrest for an alcohol or drug-related driving violation while enrolled in the IDP

• attending class under the influence of alcohol or drugs or reasonable suspicion thereof

• a written request by the participant for help with a substance abuse problem

If you are referred for assessment by an IDP, you must choose a provider approved by the Office of Alcoholism and Substance Abuse Services (OASAS). You can find a list of approved providers at the OASAS website. If you are not satisfied with the results of the assessment, you may ask the IDP course provider for a second assessment. However, you must accept the findings of the second assessment.

After assessment, you may be required to complete a formal substance abuse treatment program. If you fail to complete required assessment or treatment, you will be dropped from the IDP and your conditional license will be revoked.

In some instances you may be referred for assessment by a NY State court or probation office prior to enrolling in the IDP. If the assessment results in a determination that treatment is required, you must complete the treatment before the IDP will provide a completion certificate. It is important to understand that regardless of the referral source (IDP, NY State court or a probation office), if the assessment determines that treatment is required, you must complete the treatment in order to complete the IDP.

You will be dropped from the IDP and lose your conditional license if you

• do not attend class, any required assessment or treatment, or

• do not otherwise satisfactorily participate in the program, or

• do not pay the program fees

If you are dropped from the IDP, you must obtain consent from the IDP director before re-entering. A re-entry fee of $50 is required, payable to the IDP. Drops reported to the DMV will result in the revocation of your conditional license/driving privilege. Participants can only be re-issued a conditional license one time.

If you are dropped from the IDP for more than 90 days and want to re-enter to obtain a conditional license and complete the course, you must start the entire seven week course over and pay the course fees again.

At the time of sentencing, the court may issue you a conditional discharge (CD) that requires IDP completion. The DMV will notify the court if you do not enroll in the program, or are dropped from it. The court then may call you in for re-sentencing.

A conditional license is not valid for driving a taxicab or any motor vehicle that requires the driver to have a Commercial Driver License (CDL).

If you receive a conditional license, it is valid to drive only:

• to and from work, and during work if driving is part of your job.

• to and from a class at an accredited school or college.

• to transport your child to and from a child care facility or school when necessary to maintain your employment.

• to and from DDP classes and any required evaluation or treatment.

• to and from a state or county motor vehicle office for business related to your conditional license

• to and from court-ordered probation activities.

• to and from medical examinations or treatment for you or a member of your family, as certified in writing by a physician.

• during the three-hour weekly period listed on your conditional license attachment.

If your job or school changes location, you must immediately notify the DMV. To do this, complete a "Conditional License-Privilege Attachment" (MV-2020, available at most motor vehicle offices), and submit it to a state or county motor vehicle office.

You may be eligible for full non-CDL (non-commercial driver license) driving privileges after you complete the IDP, all recommended formal evaluations, and any resulting treatments. Your CDL (Commercial Driver License) or commercial driving privileges will remain suspended or revoked until the end of the original suspension or revocation. After the end of the CDL suspension or revocation, you must go to a motor vehicle office to apply for restoration of your CDL or commercial driving privileges.

If your original license had been suspended, you must take these steps:

• Complete the IDP;

• Go to any state or county motor vehicle office to have your license restored;

• Pay a $25 suspension termination fee. For a suspension that has an effective date on or after July 6, 2009, the termination fee is $50.

• If your license had been suspended following a violation of the "Zero Tolerance Law," you must pay a $100 suspension termination fee and a $125 civil penalty; and pay any required license fees, such as for license renewal.

If your original license had been revoked, you must:

• Complete the IDP;

• Bring your IDP "Notice of Completion" (MV-2026) and conditional license to the state or county motor vehicle office that issued the license;

• Meet all DMV requirements and criteria for re-licensing; and, pay any required license fees such as for license renewal, or for any required skills tests for Commercial Driver Licenses.

Note: Re-licensing after revocation is not automatic. DMV must review your application.

If you are eligible to participate in the Impaired Driving Program and you choose not to participate, you will not be eligible again for the program or a conditional license for the next five years. Under some plea-bargain agreements, the court may order you to participate even if you already had attended the IDP within the previous five years. However, you will not be eligible for a conditional license.

Note the effective date on your "Order of Suspension or Revocation" (MV-110.1L). Unless you already have turned in your license to the court, you must turn it in to a DMV office or a county motor vehicle bureau by this date.

If you do not participate in the IDP, your license suspension or revocation officially begins at your hearing or sentencing in court, unless the court gives you a "Continuation of Driving Privileges" (MV-ll92). Your credit for serving the suspension or revocation begins on the effective date of the order. If you receive a "Continuation," your suspension or revocation will begin 20 days after sentencing. You must then turn in your license at a motor vehicle office, unless it has already been taken by the court. If your license is missing, contact a state or county motor vehicle office for guidance about what to do.

It is a criminal offense to drive a motor vehicle while your license is suspended or revoked. If you are convicted of driving under suspension or revocation, you will be fined at least $500, and you will be sentenced to jail or probation. In addition, the police will impound the vehicle you were driving when arrested.

After you complete your period of suspension or revocation, you may request the restoration of your New York State driving privilege. Send a letter requesting restoration to the DMV Driver Improvement Adjudication Unit (DIAU). Your letter should include your full name and date of birth. Also enclose a check or money order of $25 for the restoration fee, payable to the "Commissioner of Motor Vehicles." You must not resume driving in New York State until the DMV notifies you, in writing, that your driving privilege has been restored.

A driving record with two or more alcohol or drug-related incidents occurring within a ten-year period establishes a history of alcohol or drug abuse as defined in Part 136.1(b)(3) of the Regulations of the Commissioner of Motor Vehicles.

If your license, learner permit, or privilege to drive in New York State has been revoked and your driving record contains a history of such alcohol or drug abuse, at the end of your revocation period, an application for a new driver license, learner permit or clearance of your NYS driving privileges cannot be approved until you show proof that you have completed alcohol or drug rehabilitation. Acceptable proof of alcohol or drug rehabilitation must be submitted on DMV form DS-449 "Alcohol and Drug Abuse Rehabilitation Program Summary"; and, include evidence that you have had an alcohol or drug evaluation within one year from the date you reapply, and that: 1) treatment was not recommended; or 2) that you have successfully completed all stages of an alcohol or drug treatment program, and that no further treatment is necessary.

The letter or Order of Suspension or Revocation you received from DMV regarding your alcohol/drug conviction provides information about your eligibility to participate in the New York State Impaired Driving Program (IDP). Successful completion of the IDP may satisfy the rehabilitation requirement described above. However, if you choose not to participate in IDP, or if you are not eligible to participate in IDP, you can find acceptable evaluation and treatment providers within and outside of NYS by accessing the NY State Office of Alcoholism and Substance Abuse Services (OASAS) website at DWI Screening and Assessment Information.

If you choose an alcohol or drug evaluation/treatment provider, the provider must appear on the listing. A provider will not be accepted unless they have been approved by OASAS. To get on this approval list the provider must contact OASAS at 1-800-482-9564 for instructions.

If the provider is found on this site, and does not have the DMV form DS-449 "Alcohol and Drug Abuse Rehabilitation Program Summary", they may contact Driver Improvement Bureau, Receiving and Control Unit, Room 220, 6 Empire State Plaza, Albany, NY 12228, fax: 1-518-402-2991, to obtain this form.

Any Federal Department of the Interior or Department of the Secretary program, conducted on military bases would be deemed acceptable.

If you do not have access to the Internet and would like a copy of the acceptable providers mailed to you, please call 1-800-482-9564.

EVIDENCE OF COMPLETING REHABILITATION FROM PROVIDERS WHO ARE NOT ON THE WEBSITE OR PROVIDER LISTING WILL BE ACCEPTED OR REJECTED BY THIS DEPARTMENT AFTER A REVIEW OF THE PROVIDER'S QUALIFICATIONS BY OASAS.

Please take this notice to the agency conducting your evaluation.