Applying For A Hardship License After A DUI

Applying For A Hardship License After A DUI

A hardship license is a restricted license granted in some states to those who have lost driving privileges for a variety of reasons. The license is normally reserved for driving to and from work or school, so it is not an invitation to socialize and live life as normal. Some states do not offer a hardship license option if a person is convicted of driving under the influence, and some only offer this option for first time offenders.

How to Apply

Filing an application for a hardship license after you are convicted is complicated, with many different necessary documents to get to the right place. Your professional DUI lawyer will understand the process and be able to wade through the red tape and tell you whether you may qualify for a hardship license in your situation. This is a process that is very difficult to navigate if you are not a professional, even if you have applied for and received a hardship license before for a prior offense.

Although there are applicable state laws and statutes that apply in a DUI hardship license case, the final decision always rests with the judge on whether or not to grant the license. You will start the application process by appealing to the court, giving your reasons for requesting the license and asking that the judge grant your request formally. Every case is different, and a hardship license may be granted for one person and denied for another at the discretion of the judge.

Other Names For Hardship License

Some states refer to a hardship license as a conditional or probationary license, while others refer to it as a Cinderella license. Still more call it a day or work license, in reference to how the license is to be used primarily. It mostly depends on the state and applicable laws and guidelines from the DMV.

Reasons to Grant a Hardship License

In states where hardship licenses are available, there are a few basic requests that are often more favorably viewed as reasons to grant a hardship license. If you have a valid claim to at least one, you may have a reason to apply for a hardship license after a DUI conviction. They include needing to take children or other dependents to and from school or doctor's visits for ongoing treatment, job-related reasons in some cases, for your own continued education, or in order to comply with a court order to attend driver's education or alcohol education classes.

One final note: it is important to remember that even if a hardship license is granted, there are often conditions that accompany it. They vary based on state, applicable law, judge, and individual, but may include a mandatory IID (ignition interlock device), random sobriety or drug testing, rehab, community service, fines, and more.

This information is provided solely for informational purposes and does not constitute legal advice.

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