As an experienced Buffalo DWI Attorney I am frequently asked by clients how to obtain a hardship license in New York. A hardship license is different than a conditional or restricted license. A hardship license is only available within three days of your arraignment on your driving while intoxicated charges. A hardship license is granted at the discretion of the court or the judge. It is not a guaranteed right. It is something that a court can decide whether or not you are given a hardship license. A hardship license will only allow you to drive to and from work for the first 30 days of your case. You may not use your license to run errands, to go to the doctor, or if you were, say, a salesperson, to go to and from different appointment. It only allows you to go from your home to a fixed residence or place of business. The court will take that information down and actually put it on the hardship license, the address and the times that you are working. I advise clients that this is available for the first 30 days, and after 30 days, if you are eligible, you may apply to the DMV for a more expansive conditional or restricted license.
Please remember, you are not eligible for a hardship license if you have refused to take the breathalyzer test or if you’ve had a prior DWI or driving while impaired conviction within the last five years.
If you have been charged with any alcohol related convictions and require a hardship license in New York, contact Attorney Arthur Pressman for dedicated representation.