If you have been arrested for NY DUI / DWI, you may be eligible for a hardship license. A hardship license will allow you to drive while your case is pending. It is different from a conditional license, which you can get thirty-days after your license is suspended at arraignment pending prosecution. Your eligibility for a hardship license will be determined by the court in which you are arraigned. To be eligible for a hardship license, the court must determine that you will experience “extreme hardship” without being able to drive.

A hardship license allows you to drive if you are unable to obtain alternative means of travel to or from you job, to or from medical treatment for yourself or a member of your household, or to or from school if you are a enrolled in an accredited school and travel is necessary for the completion of your degree or certificate. Vehicle and Traffic Law § 1193(2)(e)(7)(e). A hardship license allows you to travel to and from work only. Except in highly unusual circumstances, it does not allow you to drive for work.

“Extreme hardship” is a high standard to overcome. It is especially difficult in New York City where you have access to public transportation. There are also special evidence corroboration requirements needed to successfully fight for a hardship license. An experienced NY DUI / DWI attorney can advocate for you to be granted a hardship license for the duration of your case.