Being arrested for Driving While Intoxicated (DWI) in New York can have an immediate impact on your ability to drive. For many people, losing their driving privileges means difficulty getting to work, taking children to school, attending medical appointments, or fulfilling other important responsibilities.
In some cases, New York law allows a driver to request a Hardship Hearing to determine whether they qualify for limited driving privileges while their DWI case is pending.
What Is a Hardship Hearing?
A Hardship Hearing is a court proceeding that may be held after a driver’s license is suspended at arraignment following certain DWI charges.
At the hearing, the judge determines whether the suspension creates an “extreme hardship” for the driver. If the court finds that an extreme hardship exists, it may grant limited driving privileges until the criminal case is resolved.
A hardship hearing is not automatic. The driver (through their attorney) must request the hearing, and the burden is on the driver to demonstrate that an extreme hardship exists. It is common for the motorist to provide proof of employment through paystubs, proof of schooling through a class schedule, and/or proof of consistent medical appointments. Providing this to the Court indicates that you have a valid reason to ask for a hardship license.
What Is Considered an “Extreme Hardship”?
There is no single factor that automatically qualifies someone for hardship relief. Instead, the court considers the driver’s individual circumstances.
Examples of factors that may be relevant include:
- Whether the driver has access to public transportation.
- The distance between home and work.
- Whether driving is necessary to maintain employment.
- The need to transport children to school or daycare.
- Medical appointments for the driver or family members.
- Caregiving responsibilities.
- The availability of alternative drivers.
The court evaluates the totality of the circumstances before deciding whether hardship relief is appropriate. Gathering evidence to establish the lack of the above, or the inability to afford transportation based on distance will help support your application for a hardship license.
What Happens If the Court Grants the Hardship Application?
If the court finds that an extreme hardship exists, it may issue a hardship privilege, allowing the driver to operate a motor vehicle under limited circumstances while the criminal case remains pending.
The privilege is temporary and is subject to any conditions imposed by the court and applicable New York law. Typically, a schedule is created and you are allowed to drive only to and from the places indicated on the schedule, and during those times. When creating this schedule, it’s important to consider travel times, traffic, etc.
Does Everyone Charged with DWI Qualify?
No.
Whether a driver is eligible for a hardship hearing depends on several factors, including the specific charge, the driver’s license status, and the circumstances of the case.
Because eligibility requirements can be complex, it is important to speak with an attorney as soon as possible after a DWI arrest to determine whether a hardship hearing may be available.
Why Legal Representation Matters
A hardship hearing often takes place shortly after arraignment, making it important to act quickly. An experienced DWI attorney can evaluate your eligibility, gather the information needed to support your application, and present evidence demonstrating why the suspension would create an extreme hardship.
Charged with DWI in New York?
If you have been charged with DWI in New York, you may have options to protect your driving privileges while your case is pending. At The Law Office of Siara Ossa PLLC, we help clients navigate every stage of the DWI process, including license suspension issues, hardship hearings, and criminal court proceedings.
If you have questions about a DWI charge or whether you may qualify for a hardship hearing, contact our office to discuss your case.
The Law Office of Siara Ossa PLLC
780 Long Beach Boulevard
Long Beach, New York 11561
(t):347-733-5612
siara@ossalawny.com