What happens to your drivers license after you’ve been arrested for an alcohol related offense?
Prompt Suspension Law
In New York, the Prompt Suspension Law mandates that a court must suspend a driver’ license upon arraignment for certain alcohol-related driving offenses if the driver is alleged to have had a blood alcohol content (BAC) of .08% or higher.
This suspension occurs before the case is resolved. The suspension is imposed by the court at the time of arraignment and applies to the charges of Driving While Intoxicated (DWI), Aggravated DWI or Driving While Ability Impaired (DWAI) by drugs or a combination of drugs and alcohol.
Key Aspects of the Prompt Suspension Law:
Mandatory Suspension:
If the driver is alleged to have a BAC of .08% or higher, the judge MUST suspend the driver’s license upon arraignment.
Applies to Specific Offenses:
This law applies to DWI, Aggravated DWI, DWAI bay drugs and DWAI by drugs and alcohol.
Suspension Pending Prosecution:
At the arraignment, the driver’s license will be suspended pending prosecution. This means that the suspension will last while the case is pending. Why does this matter? Because the longer it takes to resolve the case, the longer it may take for your full driving privileges to be restored.
Pre-Conviction Conditional License
Once the Court suspends your driver’s license, you are not able to drive unless you wait 30 days after your arraignment and apply to DMV for a pre-conviction conditional license.
But what if you can’t wait 30 days to obtain a driver’s license? What if you either cannot afford public transportation or the inconvenience of it makes it impractical?
Hardship License
A hardship license is a very limited license that allows you to travel to and from work. If you cannot wait 30 days from your arraignment until you apply for a pre-conviction conditional license, you need to ask the Court to set your case down for a Hardship Hearing.
What is a Hardship Hearing?
This is a hearing where you demonstrate that not having a license for 30 days (arraignment until you can apply for pre-conviction conditional license) is an extreme hardship. In order to demonstrate this, you will have to offer, at the hearing, testimony that you do not have friends, family or coworkers that can drive you to and from work, proof of gross earnings, evidence of your monthly expenses and testimony that you looked into public transportation as an alternative to possessing a driver’s license. Based on the evidence adduced at the hearing, the court will determine if your situation presents one of extreme hardship meriting the issuance of a hardship license,
You should be aware that if you are charged with a refusal to submit to a chemical test, Vehicle and Traffic Law section 1192.3, Common Law DWI, you are NOT eligible for a hardship license.
About the Law Offices of Luigi Vigliotti
Luigi Vigliotti is a former NYS Prosecutor with over two decades of experience both prosecuting and defending almost every type of criminal charge imaginable but with a particular focus on DWI/DUI defense as well as vehicular offenses in general.
When Mr. Vigliotti was in the District Attorney’s Office, he was assigned to a specialized DWI enforcement unit whose sole assignment was to prosecute drunk and drugged driving offenses. In 2004, Mr. Vigliotti left the District Attorney’ Office and worked at several prestigious firms thereafter. In 2008, he started the Law Offices of Luigi Vigliotti and has been defending clients charged with both simple and complex charges including DWI ever since.