How to get a hardship license after a DUI in New York?

To get a hardship license after a DUI in New York, you must apply in person at a DMV office and show that you need to drive for purposes related to your employment, school, or medical care. The DMV can issue a conditional license to a qualified driver whose license was suspended due to an alcohol or drug-related violation, provided they complete an Impaired Driver Program approved by the DMV[1].

You may be eligible for a restricted use license if you have an out-of-state license and meet other requirements. The conditions and restrictions are the same as for a NY license holder[1].

According to New York Vehicle and Traffic Law § 1193(2)(e)(7)(e), the DMV may issue a conditional license that allows driving to and from a job, school, or medical appointments. This requires you to prove hardship and show no alternative transportation options are available[5].

An experienced DWI attorney can help apply for the conditional license by submitting paperwork that details the specific travel needs, such as commuting to a job location. The hardship license will only be valid for travel to pre-approved destinations[5].

Key Takeaways:

• You must apply in person and prove hardship to get a conditional license after a DUI suspension.

• The license will restrict driving to specific pre-approved destinations like work, school, or medical appointments.

• An attorney can help file the application and paperwork detailing your required travel.

• The process varies based on your driving record, type of violation, and other factors.

• Commercial drivers generally aren’t eligible for hardship licenses.

External Links:

New York DMV Conditional and Restricted Licenses

Nolo: Obtaining a Hardship Permit After Suspension

Frequently Asked Questions

What are the eligibility requirements for a hardship license in NY?

You must prove that you need to drive for purposes related to work, school, or medical care, and that no other transportation options are available. You also generally need to complete a DUI education program. If it was an alcohol-related offense, you may need to complete a “hard suspension” period before applying.

How long is a hardship license valid for?

The conditional license allowing travel to specific destinations remains valid through the entire term of your revocation or suspension. Once the suspension period ends, you can apply to have your full license reinstated if you have met all requirements.

Can I get a hardship license for any travel needs?

No, the license will only allow travel to and from pre-approved destinations you detailed in your application, like work, school, or medical appointments. It does not allow general driving for errands, recreation, etc.

What happens if I drive outside the restrictions?

Driving beyond the approved destinations or violating other restrictions can lead to further license suspension or revocation, along with fines and other penalties. Be sure to strictly follow all the conditions of your hardship license.

Full Text of Relevant New York State Law:

New York Vehicle and Traffic Law § 1193(2)(e)(7)(e)

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“Where a license is revoked pursuant to subparagraph (iii) or (iv) of paragraph (b) of this subdivision, the commissioner may issue a conditional license, containing such conditions and restrictions as he or she deems necessary to ensure the safe operation of a motor vehicle, to permit the holder to drive to and from his or her place of employment and in the course of his or her employment, or to and from an appropriate educational institution as determined by the commissioner and in the course of his or her educational program, provided that no other means of transportation is reasonably available and that such driving will not cause an unreasonable risk to public safety.”

Source: New York State Assembly

Citations:

[1] https://dmv.ny.gov/driver-license/conditional-and-restricted-licenses

[2] https://www.nolo.com/legal-encyclopedia/obtaining-a-hardship-permit-to-drive-while-on-a-suspended-license.html

[3] https://www.justia.com/criminal/drunk-driving-dui-dwi/dui-penalties/restricted-hardship-licenses/

[4] https://www.insurancenavy.com/get-hardship-license/

[5] https://rochesternydwi.lawyer/faqs/if-im-charged-with-dwi-can-i-get-a-work-license-a-conditional-license-or-a-hardship-license/

[6] https://criminaldefenseattorneytampa.com/blog/driving-for-hardship-purposes-after-a-dui-conviction-and-the-order-of-reinstatement/