DWI Hardship Driver’s License Hearing

QUALIFICATIONS FOR A HARDSHIP LICENSE

If you submit to a breath test and fail (.08% or above), at the arraignment the Court will suspend your license pending prosecution. The next question is whether you are eligible for a “hardship license.” In order to qualify for a hardship license you must demonstrate by evidence other than your testimony that you are unable to travel to and from work, or from educational facilities or medical treatment, by any other means of transportation other than your motor vehicle. Remember, this license is only available to and from work and not “for” work.

PUBLIC TRANSPORTATION NOT AVAILABLE

In order to demonstrate that you qualify for a hardship license, you must request a hardship hearing which must be held within three days of your initial court appearance. At this hardship hearing it will be the task of your DWI defense attorney to gather, with your help, all the evidence available to demonstrate that public transportation is not available; friends, or relatives are not available to drive you and the distances involved are too great. Such evidence can include: a witness who knows your work schedule, train and bus schedules, doctors’ letters, curriculum schedules, etc.

EXTREME HARDSHIP

If the Court finds that a suspension pending prosecution will result in an “extreme hardship” the Court will issue a hardship license. This license will permit you to drive to and from a particular location during the hours you require, while your case is pending.

ARRESTED FOR DWI

If you have been arrested for DWI, and feel you qualify for a hardship license, please contact my office as soon as possible to begin preparing for your hardship hearing.