What Does The Court Consider When Deciding To Issue A Hardship License?

A Buffalo driver who is arrested for DWI and took a breath test will, in almost all cases, have his or her driver’s license suspended at the first court appearance.

While the defendant is eligible for a conditional license after thirty days, many people have to be able to drive for work or school during that time period.

As a result, the law allows a court to issue a defendant a “hardship license” to fill this thirty day gap.

The statute authorizing the court to issue a hardship license requires that the defendant demonstrate extreme hardship, which is defined as the inability to obtain alternative means of travel to or from employment; a school, college or university where the defendant is enrolled; or necessary medical treatment for the defendant or a member of the defendant’s household.

When deciding if a particular defendant’s situation meets the definition of extreme hardship, factors the courts typically consider include

(1) the presence or absence of licensed persons in the defendant’s household;
(2) the ability of other licensed household members to provide transportation;
(3) the occupation and health condition of the defendant;
(4) the proximity of the defendant’s place of employment, health care provider or school to his or her household;
(5) the presence or absence of any public transportation or taxi service to or from the defendant’s household to the place of employment, health care provider or school;
(6) the defendant’s ability to afford public transportation or a taxi service; and
(7) the presence or absence of co-workers, friends or family members who may assist in transportation.

If you have been arrested for DWI, it is important that you be able to continue driving for essential activities such as work or school.

We can help you determine the best course of action to minimize the impact of your arrest on your ability to drive.

Please call us at (716) 542-5444.

Leave a Reply

Your email address will not be published. Required fields are marked *