People accused of driving under the influence (DUI) offenses are at risk of several major penalties. The courts can incarcerate those convicted of drunk driving offenses and impose large fines on them. It is also common practice to suspend the driver’s license of motorists convicted of DUI offenses.
The loss of driving privileges can be highly inconvenient. Using on-demand services can be costly, and people may struggle to maintain their jobs or take care of their families when they cannot drive. In some cases, people convicted of DUI offenses may be eligible for a hardship license. Understanding the hardship license program may make it easier to respond effectively to a recent charge.
What is a hardship license?
So long as they comply with state law, register their vehicle and carry appropriate insurance, a licensed motorist can drive whenever and wherever they wish. A hardship license is different. It is only available to those who have lost their licenses because of a DUI offense.
As such, there are restrictions imposed on the motorist’s driving privileges. Typically, people with hardship licenses can only drive to work, school or medical appointments. They may also be able to drive themselves to court-mandated appointments, such as community service sessions.
How do drivers secure a hardship license?
There are two types of driver’s license suspensions in DUI cases, and both of them can lead to hardship license eligibility. The state pursues an administrative license suspension after a driver fails or refuses a chemical breath test. The suspension takes effect before their case even goes to trial.
People may be eligible to apply for a hardship license during an administrative license suspension. First-time offenders are immediately eligible for a hardship license if they give up their right to a formal hearing regarding the suspension. Those with a prior DUI conviction generally need to serve 30 days of the suspension before they seek a hardship license.
Drivers can also apply for a hardship license after a conviction-related license suspension. The wait times for a hardship license after a conviction depend on the prior record of the driver and whether the incident resulted in injury to others. Those seeking a hardship license generally need to attend DUI school and request a hearing. They have to prove that they have SR-22 insurance and must pay all of the administrative costs associated with the license.
Fighting DUI charges and seeking to retain driving privileges may require the support of a lawyer. Motorists hoping to limit the consequences of a DUI arrest may benefit from reviewing their case with a skilled legal team as soon as possible.