New York DWI & DUI Hardship Hearings

Driving while intoxicated or driving under the influence is a serious crime in New York. You are considered intoxicated if your blood alcohol content is .08 or higher. The penalties for driving under the influence ranges from loss of driving privileges to fines or jail term. Drivers who operate a motor vehicle while intoxicated are prosecuted to the full extent of the law. Therefore, if you have been accused of driving while intoxicated, you need an attorney to help you explore your options.

Navigating Hardship Hearings

Fortunately, in New York, your attorney can request a hardship hearing for those accused of driving under the influence. In some cases, the court understands that people who work hard, are honest, and have no criminal record might have just had a temporary lapse in judgment. If the court grants the hardship, you could be able to drive to work, so you can keep your job and income.

Extreme Hardship Consequences and Solutions

If you had an excessive blood alcohol level, a judge might not grant a hardship under any circumstances. However, in some instances, your lawyer can argue that you have an extreme hardship and need to drive. Therefore, you need to keep your license.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Legal Scenario: What Would You Do?

Scenario

After being arrested for DWI in New York, your license was immediately suspended at arraignment. You rely on your car to commute 45 miles each way to your job, and public transportation is not available in your rural area, putting your employment at serious risk.

Can I get any kind of temporary or restricted driving privileges while my DWI case is still pending so I don't lose my job?

Attorney's Answer

Under New York Vehicle and Traffic Law § 1193, you may be eligible for a hardship hearing before a judge to obtain a pre-conviction conditional license that allows you to drive to and from work, school, or medical appointments. At the hearing, you must demonstrate that the license suspension poses an extreme hardship — meaning the lack of driving privileges would result in the loss of employment or essential necessities — and that no reasonable alternative transportation exists. Your attorney can present evidence such as employer letters, route maps showing no public transit options, and documentation of your driving record to strengthen your case. If granted, the conditional license comes with strict restrictions, and any violation can result in immediate revocation and additional criminal charges.

This is general information only. Contact us for advice specific to your situation.

An extreme hardship is defined as an inability to obtain alternative means of travel to or from work, to college, or to seek medical treatment. Your lawyer will work hard to prove that you have an extreme hardship and should be allowed to drive under limited circumstances.

Losing Driving Privileges due to a DUI