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Hardship Hearing

In New York, those who have been charged with misdemeanor driving while intoxicated and have taken a breath test, will receive a 30 day driver’s license suspension for being charged with driving while intoxicated. The 30 day suspension period runs from the date of the arrest. Those with a valid New York State driver's license at the time of the arrest may qualify for a hardship license from the court. A hardship license allows the motorist to go to and from their place of employment, to and from school, and/or to and from medical appointments. The hardship license is very specific, and only allows you to drive to and from specific locations, during specified times of the day, during the 30 day hardship license period. Obtaining a hardship license requires conducting a hearing before the judge overseeing the case to determine whether a hardship license is warranted. Among the factors considered by the court, is whether there is public transportation available, or whether there is someone else in the household that can drive you to and from work, doctor appointments etc. Prior to the end of the 30 day suspension period the New York State DMV will send a letter advising that you may go to DMV and apply for a new license.