Hardship Driving Privileges

Generally speaking, in DWI cases in the state of New York, the Defendant's license is suspended in what's commonly referred to as a suspension pending prosecution. The suspension pending prosecution will last from the defendant's first appearance (the arraignment) throughout the entire duration of the case, until the last appearances (sentencing).

This suspension can cause numerous problems for individuals charged with DWI. That said some of these problems are remedied by a competent DWI Defense lawyer who is knowledgeable enough to request hardship privileges on behalf of his client.

A DWI lawyer can ask for what's called hardship driving privileges, which allow you to drive to and from one work location and/or some previously scheduled medical treatments.

A good DWI Defense Lawyer will argue that the suspension pending prosecution will result in “Extreme Hardship” to you, if the factors of your situation lend themselves to the argument. If the judge agrees, he/she may grant you what is commonly referred to as "hardship driving privileges". Hardship driving privileges allow you to drive to and from one (1) work location and some specified medical treatments. The Court may approve a hardship application prepared with documents attached, without a hearing. If the Judge requires a "Hardship Hearing" it must be held within three (3) business days of your arraignment.

In order to obtain hardship driving privileges on your behalf, at the Hardship Hearing, your attorney must demonstrate extreme hardship and may not rely on your testimony alone. He must bring proof of where you live, work, or go to school, etc. It is helpful if you have a friend, relative, or employer who can confirm this information. The factors considered by the Judge at the Hardship Hearing are: the people who can drive you, your occupation/health condition; the closeness of your job, any doctor or school you need to go to, the presence of public transportation, and other factors the Court deems appropriate.

This is not legal advice and is for general informational purposes only. Please consult a lawyer if you're charged with a DWI.

Tom Anelli & Associates is a statewide DWI defense practice focusing on solely on DWI Defense matters. Tom Anelli holds certifications in the Science of Evidential Breath Alcohol Testing, and is factory trained on the breath testing instrument most used by local law enforcement. He is also a NHTSA Certified Practitioner and Instructor in Standardized Field Sobriety Testing.

Further, Tom is the author of the New York Edition of The DUI Book: A Citizen’s Guide to Understanding DWI – DWI Litigation in America.  Tom has appeared nationally as a regular legal commentator on TruTV.

He earned his B.A. at Syracuse University and his Juris Doctor at St. Thomas University School of Law before earning admission to the New York State Bar.

Please remember you can call Tom Anelli 24/7 at 1-800-DWI-1100 or www.dwitom.com