Over 2 years ago I was convicted of OUI. I had previously been convicted of OUI in the NY state 8 years before that. However before sentencing there was a second hearing with only the judge in which the prosecutor had to provide evidence of the first offense. The judge ruled there was insufficient evidence to support the previous conviction happened and ruled it a first offense. However at sentencing he did not give me a 24d, but instead ordered the standard 2nd offense probationary sentence with 2 weeks in patient program and 2 yr license loss. This compounded with the ctr refusal suspension has me out of a license for another 1.5 years. I am wondering if I have any legal recourse against the 2 years of in car breathalyzer for 2nd offenders and possibly against that full 2 year license suspension. I have read multiple places that the maximum license suspension for a 1rst offense is 1year.
Any relief from continued impediment to my ability to drive and/or rent a car would provide significant gains to my career.