One of the most difficult situations faced by Rochester drivers accused of drinking and driving is loss of driving privileges.
Under New York State law, the driver’s license of most individuals arrested for DWI will be suspended by the judge during arraignment on the charge, which usually occurs at the first court appearance.
The suspension of driving privileges is very difficult for many defendants because they are not eligible for a conditional driver’s license until thirty days after they have been formally charged at arraignment.
For individuals who need a driver’s license to travel to and from work or school, this obviously could result in the loss of a job or cause them to fail classes – even if they are eventually acquitted of the charge.
As a result, for individuals who meet the right criteria, the court is allowed to issue a hardship license.
To obtain a hardship license, the defendant must have submitted to a blood alcohol test which resulted in a score of .08% or more. Refusing to take a blood alcohol test makes a person ineligible for a hardship license.
It must also be shown that the driver will experience “extreme hardship” without a driver’s license, which is generally defined as inability to obtain alternative means of travel to or from work, school or necessary medical treatment for the defendant or a member of the defendant’s household.
A hardship license only allows a driver to operate a vehicle to and from work, school or necessary medical treatment. It does not allow a driver to operate a vehicle for work.
As a result, individuals who drive for a living may not benefit from this license.
If you have been arrested for drinking and driving, you still need your driver’s license. We can help you at 585-484-7432.