I really need to drive.
First, it would be helpful to know if you took the breath test, or if you refused. Either way, at arraignment the judge suspended your privilege to drive in NYS. The length of the suspension is determined by whether or not you submitted to a chemical test. If you refused the chemical test, your driving privileges are suspended by the court pending the outcome of a refusal hearing at the DMV. If you have not been granted a refusal hearing within 15 days of arraignment, your driving privileges will be restored. If, on the other hand, you agreed to take a chemical test (usually a breath test) your driving privileges will remain suspended until the criminal case is resolved.
If you submitted to a chemical test, you can request a hardship license at your arraignment; however, it sounds like you are already beyond this point in your case. Please note, there is still hope for you to obtain driving privileges. Thirty days after your arraignment, you should be eligible for a conditional license through the DMV. The DMV usually sends a letter in the mail notifying you of such. The conditional license will permit you to drive to and from work, school, medical appointments, court ordered activities, etc.
Sometimes the court will allow for a temporary restricted license while the matter is pending, and even after conviction. Speak with your attorney about the need.
Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.
Thirty days after arraignment, you may be eligible for a conditional license. If you have not already been arraigned, you may be able to apply for a hardship license. If you have prior convictions, you may not be eligible for a conditional license.
It depends on how long your case has been pending and if you refused the breathalyzer. If you did not refuse, your license will be suspended at arraignment, and you may be eligible for a hardship license, depending on your situation. If you are not eligible for the hardship license, you can apply to the DMV for a conditional license 30 days after your arraignment. If you refused the breathalyzer, then you are not eligible to a conditional or a hardship license, however, if you go to the DMV refusal hearing and win there, you can get your license restored. You should hire an attorney immediately to discuss your case and your license options.
I am a criminal defense and DWI/DUI attorney practicing in Westchester and the NYC Metro area. My answers are intended for general informational purposes only, based upon the limited information provided in the questions, and do not establish any attorney-client relationship. All readers of my answers are advised to contact an attorney in order to discuss their questions in full and get full answers. Thank you.
It depends if you took the breathalyzer or not. If you did, you can apply for a conditional license but it only allows you to drive to and from work.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
If you took the breathalyzer you may be eligible for whats called a "hardship license." Typically, your attorney will prepare a Hardship Affidavit and demonstrate to the Court why you need to retain a restrictive license, which is basically for work, school and/or medical appointments. If you have public transportation readily available, it will be tougher to get a hardship license.
If you refused to take the breathalyzer, your license is automatically suspended for 1 year (no hardship available) unless your refusal was justified which is determined at a Refusal Hearing.
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