I have been denied restoration of my DL by njdmv. After completing IDRC and 3 mo. suspension for dui & pd all fines/surcharges.

Hi again. You will have to get a hearing with DMV. Then if DMV declines your request to forego this additional suspension and IDRC evaluation requirements, the next step would be to file an appeal in the Administrative Law courts of New Jersey. I wonder if when you filled out any paperwork whether you answered that this was your first DWI? Technically, it is your second DWI but because of the greater than 10 year time lapse between the two convictions you were sentenced as a first time offender. There review then triggered them to assume you purposely did not reveal the DWI from 29 years prior. The question becomes what is the time and cost value to you to pursue this route? This will take some time to accomplish so at the DMV you should request them to lift the suspension pending the outcome of your legal course of action.

I agree with the previous advise given. File with MVC to get a hearing and determine what is going on. I cannot answer the time period question because I am unsure what you are asking. I suggest you consult with an experienced attorney.

It does not change the sentence but could change the IDRC evaluation. They could order an extended program but you should be able to restore during that period.

This is your second offense regardless how long it's been. You should have a lawyer.

WHAT WILL HAPPEN AT THE IDRC (if you are a NJ licensed offender, OR, you are an OUT of STATE licensed offender AND you live within a 50 mile radius of NJ): If you have been convicted of an alcohol or drug-related traffic or boating offense in New Jersey or in another State while holding a New Jersey driver’s license, you must satisfy the requirements of both the IDP and the IDRC as sentenced by the convicting court. If you have been sentenced to a 12-hour IDRC program, you will be detained, attend educational workshops, and receive an “at-risk” screening for at least six hours each day on two consecutive days (a total of 12 hours) in your county IDRC. If you are sentenced to a 48-hour IDRC program, you will be detained, attend educational workshops and receive an “at-risk” screening during a period of 48 consecutive hours in a regional facility. If you are sentenced as a third or subsequent offender, the court may sentence you to jail and/or to an inpatient addictions treatment program; or both. IDP will then schedule you to appear at the 12-hour IDRC for follow up. In all cases, you must satisfy the program, fee, and treatment requirements of the IDP/IDRC. Failure to satisfy the program requirements may impede the reinstatement of your driving privileges or extend your driving suspension period. WHAT HAPPENS AFTER I HAVEEEN DETAINED AND SCREENED? You may be referred to an addictions treatment program for further assessment. If you are referred for a substance abuse assessment, and treatment is recommended, the IDRC is responsible to monitor you during treatment services. You must complete this treatment as part of your sentence/conviction requirements. Note: If you are an out of state offender and live within a 50 mile radius of an IDRC in New Jersey, you will be scheduled to appear at the geographically closest New Jersey IDRC AND MUST ATTEND AS SCHEDULED BY THE IDP. IF YOU ARE AN OUT OF STATE LICENSED DRIVER AND LIVE MORE THAN 50 MILES FROM NJ: You will be given an opportunity to satisfy the requirements in your home state. The IDP will mail your conviction requirements to your address listed on your conviction documents. IF YOU DO NOT RECEIVE THE DUI OUT OF STATE OFFENDER REQUIREMENTS WITHIN 60 DAYS OF YOUR CONVICTION ---call the IDP Call Center number below. NOTE: you may also contact any of NJ’s IDRC’s and request to be scheduled to complete your Education Requirements. YOU WILL BE REQUIRED TO HAVE AN ADDICTIONS ASSESSMENT AND POSSIBLE ADDICTIONS TREATMENT, if indicated. CONVICTED I LIVE OUT OF STATE OR HAVE ADDICTIONS TREATMENT: If you are seeking treatment and would like a list of the Intoxicated Driving Program (IDP) affiliate treatment providers, call your County Intoxicated Driver Resource Center (IDRC). For more information, visit: http://www.nj.gov/humanservices/das/treatment/idp/ Financially indigent NJ residents meeting certain eligibility requirements may qualify for treatment resources through the Driving Under the Influence Initiative (DUII) fund. For further information on DUII please visit: http://www.state.nj.us/humanservices/das/treatment/dui/ QUESTIONS RELATED TO DRIVER’S LICENSE RESTORATION: For questions about driver’s licenses, please call the NJ Motor Vehicle Commission at (609) 292-7500. To obtain a copy of your life-time New Jersey driving history, please call (609) 292-6500

In my experience in dealing with NJ MVC, sometimes once you have done the initial assessment with IDRC if you had prior DUIs, you may be required to complete a 16 week extended assessment. You can challenge the IDRC additional requirement of doing a 16 week course by requesting a hearing with NJ MVC but they may defer to IDRC. It may be worthwhile to determine to do a Laurick application but they may not ensure IDRC waiving the additional treatment if it is needed. I would recommend consulting a DUI/DWI attorney.

Your first question-if you go for 10 years from the conviction, you are entitled to a step down. So your second offense should be sentenced as a first. If you go another 10 years from the present conviction, you will be entitled to another step down; you will be sentenced as a second time offender. The answer to the second question is yes. But 29 years ago is a long time. You might convince IDRC not to require it.