Can individuals convicted of a DUI acquire a hardship license in NY?

In New York, individuals convicted of a DUI may be able eligible for a hardship license which allows limited reinstated driving privileges. Typically, the penalties an individual faces for a DUI conviction includes the suspension or revocation of their standard driver’s license. This may cause several problems in an individual’s life including their ability to travel to and from work. This loss of driving privileges could affect a person’s livelihood. Depending on the circumstances, individuals may obtain this type of conditional license if they have extreme hardship. If you have been convicted of a DUI, don’t hesitate to contact an experienced and skilled Rockland County DUI Attorney who can help defend your rights. 

What is a hardship license and who is eligible in NY?

When an individual loses their driving privileges they may be able to acquire restricted driving privileges. It grants an individual who has lost their driving privileges to legally operate a motor vehicle to travel to important places such as work, school, and medical appointments. However, individuals must meet certain criteria to be granted a hardship license. When a person applies for a hardship license they must prove they have extreme hardship resulting in the need for a conditional driver’s license to allow them to travel to important places. Individuals seeking a hardship license must:

  • Individuals must attend a hardship hearing
  • Individuals must have a witness testimony that can confirm the claim of extreme hardship
  • Individuals must testify no one can drive them to their destination
    • no coworkers, family members, or friends that they can carpool with
  • Individuals must show proof of the location they need to travel to (work, school, etc.)
  • Individuals must show proof of their schedule (hours of work, etc.)
  • Individuals must show recipients how much it would cost for car services to transport them from their houses to their destination
  • Individuals must show proof of their income
    • which can deem that a car service is too expensive and unaffordable

Who is not eligible?

Depending on the circumstances, an individual convicted of a DUI may be able to acquire a hardship license. However, not everyone qualifies for this type of conditional license. Individuals who are unable to obtain a hardship license include:

  • Individuals who drive for a living are unable to acquire a hardship license
    • Individuals can only acquire a hardship license to drive to and from work, not for work
  • Individuals with previous DUI convictions
    • DUI conviction within the last 5 years
  • If an individual refuses to take a chemical test (blood, breath, or urine)
    • NY enforces informed consent laws

Individuals who fall into the above categories are unable to acquire an airship license in NY.

The loss of driving privileges can disrupt an individual’s life and cause serious ramifications. It is important for individuals charged with a DUI to retain the services of a qualified attorney who can help defend their interests. If you have been convicted of a DUI, reach out to our determined and devoted team members. Our firm is committed to helping our clients keep their driving privileges.