When a Rochester driver is arrested for drinking and driving, New York law requires that his or her driving privileges be suspended at arraignment.

This means that even though he or she has not been convicted of any offense, the defendant will lose his or her driving privileges at the first court appearance.

While the defendant – if a first time offender – is eligible for a pre-conviction conditional driver’s license, it takes several weeks from the date of arraignment for the Department of Motor Vehicles to process the paperwork necessary to apply for this license.

Because many people cannot afford to go without any driver’s license for weeks, it is possible for a defendant to apply to the court for a hardship license that will cover the time period until he or she is eligible for a pre-conviction conditional driver’s license.

A hardship license allows the defendant to drive to and from work, school and other necessities.

While the law states that a defendant must show “extreme hardship” to obtain this limited use license, there is no precise definition in the law of what constitutes extreme hardship.

Instead, it is in the hands of the court to determine exactly what this term means.

Generally, the courts have considered the following factors in determining whether extreme hardship exists:

(1) the presence or absence of other licensed persons in the defendant’s household and their ability to provide transportation;
(2) the occupation and health condition of the defendant;
(3) the distance between the defendant’s home and place of employment, health care provider or school;
(4) the availability of public transportation or a taxi service and the defendant’s ability to afford such transportation; and
(5) whether co-workers, friends or family can assist the defendant with transportation.

It is important to protect your driving privileges if you have been arrested for drinking and driving.

If you need an experienced DWI lawyer, call us at 585-484-7432.