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Driving License Suspension Pending Prosecution For DWI

Mandatory Suspension

Section 1193 of New York’s Vehicle and Traffic Law mandates that an individual who is charged with an alcohol or drug related driving offense will have their driver’s license suspended at arraignment. Specifically, if you are charged with DWI, Aggravated DWI, or DWAI by combination of drugs and alcohol, and you submit to a chemical test resulting in a BAC of 0.08% or more, your license will be suspended at arraignment.

The loss of driving privileges is a drastic hurdle that many of our clients face. In order to alleviate the difficulty that accompanies a license suspension, we can request that the court grant a “hardship privilege.”

Hardship Privilege

NY VTL § 1193 permits the court to grant limited driving privileges to an individual who has had their license suspended pending prosecution. The hardship privilege may be granted in the court’s discretion. In order to be eligible for the hardship privilege, the court must determine that without driving privileges you will suffer an “extreme hardship.” Moreover, you must have had a valid driver's license before your arrest.

If granted, the hardship driving privilege is extremely limited - it only permits an individual to drive to and from work*, school, and required medical treatment.

* Note, the hardship privilege does not permit an individual to drive for employment purposes. Thus, if you are granted a hardship privilege, you will be permitted to drive to and from work, but you will not have the right to drive for work purposes. This means you will not be permitted to drive between different work sites.

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