Do I Qualify for a New York Hardship License?


Do you qualify for a hardship license?

By Ramy Louis, Esq.

If you are charged with DWI in New York, the court may choose to suspend your license pending the outcome of your case. This typically happens at the criminal court arraignment which is the first court appearance following arrest. But if the court finds that the suspension imposed will result in "extreme hardship" then it may grant a hardship privilege license under Vehicle and Traffic Law §1193(2)(e)(7)(e). This hardship privilege license can also be granted if you have an out of state license. People v. Reick, 930 N.Y.S2d 429 (N.Y. City Crim. Ct. 2011).

Usually to show an "extreme hardship" you must show that you cannot obtain an alternative means of travel to or from 1) employment, 2) necessary medical treatment for yourself, 3) necessary medical treatment for someone living in your home, or 4) school or college. Vehicle and Traffic Law §1193(2)(e)(7)(e). The person seeking to obtain the hardship license has the burden to proving this hardship and will have to present evidence at a hardship hearing within 3 business days of arraignment. It is very important to note that a hardship license only allows you to travel to or from employment, doctor's office or hospital, or to and from school or college and cannot be used to run errands or anything else not specified on the hardship license application.

Are you facing a DWI charge in New York City or on Long Island and think you may qualify for a hardship license? Contact us for a case evualuation.