One particular challenge when facing a DUI charge is the likelihood that the person who has been charged stands to lose their license as a result of the infraction. In nearly every state, a person charged with DUI may lose their license anywhere from 10 to 30 days following the arrest. This can leave a person charged with a DUI faced with the possibility of losing their license for up to 6 months following a conviction. A number of questions may be at the forefront, especially if you require a vehicle to drive to and from work, or to take care of children. In situations such as this, it may be possible to obtain a hardship license.
What is a hardship license?
A hardship license, or restricted license may provide a person charged with a DUI with the ability to retain their license for specific reasons. Should your license be suspended, you will not have the ability to get behind the wheel to operate a motor vehicle. However, a hardship license may allow you to drive to certain places. A hardship license is beneficial in the sense that it can help people to retain their employment should they receive a DUI.
Are they available in all states?
Most states have the ability to administer hardship licenses. However, it’s important that you work with a DUI lawyer in your state to determine the requirements for doing so. This can also ensure that you are able to obtain a hardship license during the timeframe for which your license has been suspended.
What is an ignition interlock device, and will I be required to install one in my vehicle?
In order to obtain a hardship license, most states will require you to have an ignition interlock device installed in your vehicle. This device is essential in situations such as this as it prevents a person from operating the vehicle if they are under the influence. In order to drive the vehicle, the driver must blow into the IID. Any driver with a BAC of a certain level (predetermined by the state you live) will prevent the vehicle from starting. Any “failed” tests are logged and reported.
What is the process of obtaining a hardship license?
State laws can vary when it comes to the process for obtaining a hardship license. This makes speaking with a DUI lawyer essential to helping you ensure that you have the best possible opportunity at obtaining a hardship license. When applying for a hardship license, there can be different requirements. Some states may require the person to go to treatment or endure an educational course. Others may simply require that you apply for the hardship license. Additionally, you may be required to go before a judge or the DMV to plead your case. At this point, the judge will likely set specific restrictions for the hardship license.
What type of documentation or evidence is required in order to obtain a hardship license?
There are a variety of reasons a person may require a hardship license, including:
- To get yourself to and from work
- To attend drug/alcohol treatment
- To get yourself or your children to and from school
- To obtain medical treatment
In order to prove the need, you must show that the hardship license is essential by providing documentation that supports your case.
Have you recently been charged with a DUI? The time to act is now by acquiring the guidance and experience of a drunk driving attorney in Bloomington, IL.
Thanks to Pioletti, Pioletti & Nichols for their insight into criminal law and hardship licenses after a DUI.