Driving While Intoxicated/Driving Under The Influence is a serious offense that can lead to jail time, probation, fines, and license suspension or revocation. If a person is pulled over and takes a breathalyzer test, a blood alcohol content of .08 or more will lead to license suspension while being prosecuted for the DWI/DUI. Considering most people rely on their vehicles to transport them to work, school, appointments, and more, a license suspension or revocation can seriously disrupt a person’s life.
There are only a few exceptions that would allow a person who was arrested but is not yet convicted of a DWI/DUI to drive. If you have been arrested under such circumstances, consult with an attorney to discuss if there are options available to you to restore driving privileges. One of the ways to do so is to request a Hardship License from the court. A criminal defense lawyer can help.
How Do I Qualify For A Hardship License?
In order to request a hardship license, a hearing must be held before the court within three days of the arraignment, so it is crucial to retain a lawyer as soon as possible.
It is important to note that no one is guaranteed a Hardship License. The judge will need to determine if the license suspension will lead to “extreme hardship.” For example, if there is no alternative form of transportation for someone with a serious medical condition to travel to a necessary facility to receive medical care, this could lead to “extreme hardship.” In an instance such as this, it would be important to provide proof of medical appointments to the courts, as a testimony is not sufficient.
What Happens If I Am Granted A Hardship License?
If a person is granted a Hardship License, their driving abilities are completely restricted aside from the locations and times approved by the court. These rules will be strictly enforced and should be upheld at all times, as any violation of these terms and conditions will result in arrest.
What Should I Do If I Have Been Arrested For Driving While Intoxicated In New York?
Most people fail to realize, or remember that In New York state driving is technically considered a privilege. It is not a fundamental right. If you are arrested for driving while intoxicated/driving while under the influence, New York state courts have the right and the power to suspend or revoke your driving license for a variety of reasons. If, after you have been arrested, you take a breathalyzer test, you are then accused of having a blood alcohol content that is over the legal limit, the judge at your arraignment will suspend your driver’s license.
As you already know, this has serious consequences on someone’s personal and professional life. Not being able to drive to work, to see friends, family and loved ones, and even losing the ability to do basic errands can be life changing– for the worse. For this reason, you need to contact a criminal defense attorney as soon as you have been arrested for driving while intoxicated.
How Much Does It Cost To Talk With A Criminal Defense Lawyer In Hempstead?
At the Law Firm of Gianni Karmily, we don’t charge for your initial case evaluation. It’s free, and comes at no-obligation to you. It’s important to us that you have a chance to speak with a legal representative who can answer your initial questions and provide you with preliminary insight regarding your potential criminal case.
Gianni Karmily was named by Super Lawyers as a “Rising Star in Criminal Law” in the New York Metro area. He is a graduate of the University of Detroit Mercy School of Law, where he served as President of the International Law Society. He is skilled and knowledgeable in various aspects of New York state law as it pertains to criminal charges like yours.
Schedule A Criminal Case Evaluation With Gianni Karmily Today If You Have Been Charged With Driving While Intoxicated
If you or a loved one have been placed under arrest in New York and were charged with Driving While Intoxicated, or any other alcohol- or drug-related offense, contact the Law Firm of GIanni Karmily and schedule your case evaluation.
Talk to our legal representatives to learn more about these charges, and the potential of getting a Hardship License so you can maintain your quality of life and move forward after an alcohol related offense. If you are eligible for this license, our team will walk you through the steps necessary to get started.
