If you’re charged with DWI or DWAI in a jurisdiction and you’re arraigned in court, your license shall be suspended. However that arraigning judge may, at his discretion, issue what’s called a hardship license. After a hearing that an attorney would run on your behalf, you may, if the judge finds that it’s an extreme hardship for you, pursuant to the Vehicle and Traffic Law, grant you after a hearing, a license that will be good to drive to and from work only.
Frequently Asked DWI License Questions
Will I lose my license?
- That depends. This is an extremely complicated area in DWI law. There are several factors that come into play, and these factors vary from individual to individual, from case to case. You may be eligible for one of the hardship licenses, but only an attorney will be able to help you.
What is a conditional license? How can I obtain one?
- If you’re charged with DWI, there are certain things that you’re going to have to do as required by the Department of Motor Vehicles. This is separate and distinct from the criminal court. This is strictly civil in nature. You are going to have to contact the DMV after a period of time, once your DWI case is concluded, and they will make a determination based on your prior history, whether or not you’re entitled to a conditional license.If you are, and you haven’t had a DWI within the preceding five years, or completed what’s called the DDP, which stands for the Drinking Driving Program, within the preceding five years after your conviction, you may be eligible. You have to attend a seven-week program held by the Department of Motor Vehicles. You have to complete the course in order to maintain your conditional license. What you are convicted for, whether it’s DWI or DWAI, will determine how long that conditional license will be in place.
How will a DWI conviction affect my professional license?
- Folks who have professional licenses such as teachers, engineers, lawyers, or doctors should consult a DWI attorney as soon as possible upon arrest. The reason for that is said individual’s license may be in jeopardy and/or they may have to report that arrest to their licensing board. That also may trigger a potential hearing that could negatively impact their ability to work in that field or possess that license again.
How does a DWI affect a CDL license?
- If you drive for a living, particularly a commercial vehicle, it’s extremely important that you contact a seasoned DWI attorney as soon as possible upon arrest. The reason for this is that Section 1196 7G of the vehicle and traffic law states that a certificate of relief from disabilities will not allow an individual to continue to drive a commercial vehicle. In addition, a conditional license that is often granted by the Department of Motor Vehicles does not allow an individual to continue to drive their commercial vehicle.In addition to that most folks do not realize that if you’re off, you’re on vacation, and you get a DWI while you’re driving your personal vehicle, it will still affect your ability to drive a commercial vehicle. You will not be able to use your conditional license to further your employment whether you’re a truck driver or even a taxi cab driver. It’s extremely important that you notify your attorney as soon as possible so certain things can be done or address the hearing that possibly could come your way.
What happens if I am an out-of-state driver?
- It could impact your license in your home state. You need to contact a seasoned attorney so you can research whatever the laws are in that state. What most states have now done is that they have together come up with a registry. This is a computer system that alerts the home state of the driver that they may have received and been convicted of an alcohol-related offense in another state. So when you come back home, you get a letter in the mail that could tell you your license is suspended and/or revoked for what happened on your trip.
Hardship Licenses Give You the Ability to Drive to Work or School
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Have you recently been charged with a DWI and want to know if you can get a hardship license? If so, contact the experienced Buffalo DWI Layer John Dudziak