Hardship License When Charged With DWI
Where a driver’s BAC is .08% or greater, the
court may grant a hardship hearing based upon the application of
the defendant if the suspension would result in “extreme hardship”
to the individual. The statute, VTL 1193, states that “extreme
hardship” is the inability to obtain alternate means of travel
to or from the licensee’s employment, or to or from necessary
medical treatment for the licensee or member of the licensee’s
household, or if the licensee is a matriculating student enrolled
in an accredited school, college, or university travel to or from
such licensee’s school, college or university if such travel
is necessary for the completion of the educational degree or certificate.
The burden of proof extreme hardship falls upon the defendant
and may not be based on the testimony of the licensee alone. So, you must bring in some additional type of evidence. Generally
this evidence can be a bus schedule, train schedule, fares from
a local taxi company, letter from an employer, work schedule, testimony
of a friend, co-worker or relative.
If the Judge grants a hardship license, the motorist will only
be permitted to operate a motor vehicle for travel to or from employment,
necessary doctor’s appointments or school. The locations and
addresses of permitted driving will be specifically listed on the
hardship license. However, you may not operate a motor vehicle during
work, only to and from the job site.
J John Sebastian Attorney