A driving while intoxicated (DWI) conviction can disrupt an individual’s life. Individuals charged with this type of criminal offense typically lose their driving privileges due to the suspension or revocation of their standard driver’s license. In New York, individuals convicted of a DWI may acquire a hardship license. If you have been convicted of a DWI, reach out to an experienced and determined Garden City, NY DWI/DUI Attorney who can help you figure out if you are eligible for this type of conditional driver’s license.
Does a hardship license reinstate an individual’s full driving privileges?
A hardship license does not grant individuals full driving privileges. However, it does grant eligible individuals limited driving privileges that allow them to drive to places such as to and from work. A hardship license allows individuals who have been convicted of a DWI to legally drive. However, it is a conditional license. This means if an individual violates the terms their driving privileges be revoked. A hardship license can help an individual keep their job, attend school and attend medical appointments. The loss of driving privileges can negatively impact an individual’s life.
Who is eligible for a hardship license in NY?
An individual convicted of a DWI may only be eligible for a hardship license if they can prove they have extreme hardship which requires them to drive. Individuals must apply for this type of license and attend a hardship hearing. At a hardship hearing, individuals must have a witness testify to their claim of extreme hardship. At a hardship hearing individuals must show:
- Proof of employment
- Proof of income
- Proof they have no one to drive or carpool with to their destination
- Proof of the prohibitive cost of transportation that is unaffordable
- Proof of their schedule
- Proof of the location they need to travel to
- Proof an individual finished a DWI program
If an individual can prove they have extreme hardship which requires the reinstatement of limited driving privileges, they can obtain a hardship license. However, individuals who refuse to take a chemical test (breaking informed consent laws), have been convicted of another DWI within the last 5 years, or drive as a living are unable to acquire a hardship license. Conditional licenses are difficult to obtain, however, with the help of our qualified attorneys, we can help you keep your driving privileges.
Where can you travel with a hardship license?
If an individual is granted a hardship license, they are restricted to traveling to only a handful of court-approved destinations including:
- To a court-ordered substance abuse DWI program
- To and from their place of work
- To school
- To medical appointments
- Any other court-approved destinations
Hardship licenses are beneficial to individuals who have lost their driving privileges as they can maintain and preserve their responsibilities such as attending work and school. In some cases, the court may deem it acceptable for an individual to travel to the grocery store or church, and drop/pick up children from school.
If you have been convicted of a DWI, it is important to retain the legal assistance of a skilled attorney who can help you keep your driving privileges. Don’t hesitate to reach out to our adept and trusted team members. Our firm is committed to helping our clients reach favorable outcomes.