Can the Prosecutor Challenge Your Getting a Hardship License After a DWI?

Prosecutors (district attorneys) can definitely make life harder. This is true across the spectrum of criminal defense but especially with DWI cases. Some have a self righteous stance on drunk driving. You would think after all the years they wouldn't, and even though I have represented quite a few attorneys some still like to beat the holier than ... drum.

So even after what you would think would be a given, a special hardship license that doesn't even concern them, here I am once again defending my client's rights to one. Remember that nothing is guaranteed, except death and taxes.

Can a prosecutor challenge your getting a hardship license?

To Get a Hardship License You Must Prove Hardship

If you have a BAC (blood alcohol concentration) of .08 or more based upon a blood or breathalyzer test then,

Your FULL New York State license or New York State driving privileges (out of state license holder) are suspended at the COURT arraignment (the initial/first appearance).

NOTE: if you have less than a BAC of .08 or they don't have a blood test then they should not suspend legally. Judges do have a catch all exception to suspend under NYS Vehicle Traffic Law section 510, but is is rarely used and only for those that are dangerous or reckless.

You MUST "SHOW" NO ALTERNATIVE REASONABLE MEANS OF TRANSPORTATION

You may be entitled (can apply for) a HARDSHIP PRIVILEGE LICENSE (this is not a Conditional license). People including Judges and attorneys call this a conditional license (it is NOT). Legally the hardship application by law must be within 3 days of the suspension but upstate it generally happens at the initial appearance.

It is strictly construed for 3 things:

TO and FROM privileges to drive to and from a job
TO and FROM privileges to drive to and from school
TO and FROM privileges to drive to and from medical care

To and from, means just that, NADA MAS!!!

NOTE: Some judges want more proof than others, ie. specific dates, times, pay stubs, school schedules. Other judges give open (no specifics to and from a place) privileges. I have represented the gamut of people in 9 different counties, from farmers to contractors, and the diversity of driving allowance most definitely varies from place to place.