When a Rochester driver is arrested for drinking and driving, his or her driver’s license will usually be suspended at the first court appearance.

This involves the physical confiscation of the driver’s license.

Because the driver will not be will eligible for a pre-conviction conditional driver’s license issued by the Department of Motor Vehicles until almost a month has passed, the Court may issue what is commonly referred to as a hardship license to the driver.

This driver’s license allows the defendant to continue driving to and from work, school, medical treatment and other necessities.

To obtain it, the defendant is required to establish that being completely without a driver’s license while awaiting eligibility for a pre-conviction conditional driver’s license would impose extreme hardship on the driver and his or her family.

Because this driving privilege is issued directly by the Court and not the Department of Motor Vehicles, the Court must provide the driver with some documentation that he or she may present if subsequently stopped by law enforcement confirming that he or she is legally allowed to drive.

To ensure uniformity in the documentation provided to drivers issued a hardship privilege, the Department of Motor Vehicles has issued a form that should be used by the Court when granting a hardship privilege.

The top portion of this form is provided to the defendant for use as proof that he or she has been granted a hardship privilege and may legally drive within the scope of that privilege.

It sets forth information identifying the motorist, lists the name and addresses of employers or schools where the driver may be traveling, and states the reason for the Court issuing the hardship privilege.

Anyone granted a hardship privilege should carry this document when driving.

It is important to protect your driving privileges following a DWI arrest.

If you have been arrested and need legal help, call us at 585-484-7432.