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Is The Driver’s License Taken Immediately And Are There Hardship Licenses?


If you have a breathalyzer reading over .08, the judge will suspend your license on an alcohol related arrest. There is something called a Pringle Hearing that has come down from the courts of New York. If you actually have a reading that is 0.1 or lower and if your attorney makes the proper arguments then you should be able to have your license after the Pringle hearing. However, we do not see these arguments advanced very often.

Furthermore, you might be able to get something called a hardship license if at the arraignment, you or your attorney argue that you have a genuine hardship. The court would has to schedule a hearing within three days so that you can present all the routes you will take to work, how you will get there if you cannot drive and how long it would take you.

You Would Have To Testify And Prove Certain Things In Order To Qualify For A Hardship License

You would have to testify and attest that there is no one else in your family who can drive you, and that a hardship license will be the only way you can get there.

If the judge finds you have enough reasons, he may give you a hardship license so you can get to and from work on certain times of the day and certain days of the week, but you will need to have a fixed location of work that you go to on a specific day.

You will not be allowed to drive around between locations during the day, or else you will not be able to get a hardship license. You would not be able to do anything other than wait 30 days and then get a conditional driver’s license 30 days after you were arrested and arraigned.

You Might Have To Install An Ignition Interlock Device

Generally, people who have been convicted of a misdemeanor DWI or higher, are required to have the interlock device installed, provided there is an allegation of driving while under the influence of alcohol and not under the influence of drugs.

You have to be very careful if you get this device installed. Firstly, it is very expensive. The ignition interlock device can cost approximately $1500 to have it installed for the period of a year, and during this time you have to keep it monitored, and it would have to be installed on any and all vehicles in your household.

Lebedin Kofman LLP

Russ Kofman is a founding partner in Lebedin Kofman LLP. He has extensive litigation experience defending clients accused of felonies, misdemeanors and DWI/ DUI crimes.

The Ignition Interlock Device Will Take Your Picture Whenever You Blow Into It

The ignition interlock device will take a picture of you when you blow into the straw before the car starts. You may also be required to blow into the device again while you are driving. The device will take a picture of you when you start the car as well as when you do the additional breath tests.

Common Mistakes People Make That Cause Issues With The Interlock Device

People generally make mistakes such as going out and drinking the night before and not realizing they still have alcohol in their system the next morning when they get behind the wheel of the car.

The person may repeatedly blow a breath alcohol reading of 0.08 or a 0.10 because they came home at four, five or six in the morning and it is now just ten or eleven o’clock. They may not feel drunk but they could still legally be intoxicated or impaired.

Judges Can Be Very Harsh For Violations Concerning The Interlock Device

A judge will treat a person very harshly for any interlock violations while they are on probation. The judge would then re-calendar the case and drag the person back into court to face the music for the violation.

This is one of the reasons why it is a good idea to fight as hard as possible to not have that device installed. If you do have it installed, you will need to make sure not to make any mistakes while using it.

You Have To Have It Installed On All Your Vehicles Unless There Is An Exception

It is an exception if you do not have an order from the judge saying that the interlock will have to be installed on every vehicle you operate. Otherwise it will have to be installed on every vehicle you use.

You can get arrested for a misdemeanor for failing to install an ignition interlock device if you get pulled over and the police officer sees you have this requirement on your license but have not installed the device.

The only thing you can do which is an exception, is you will not have to have the ignition interlock device installed on a vehicle that is from your place of employment and that you use for work.

You will still have to carry a letter with you from your boss with the license plate and make of the vehicle in your name, saying that he or she knows you have a requirement for an ignition interlock, and that even though they are aware this car will be used by you and others for work, they understand that no interlock will have to be installed on that vehicle.

For more information on Ignition Interlock Devices And Hardship Licenses, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (212) 500-3273 today.

Lebedin Kofman LLP

Russ Kofman is a founding partner in Lebedin Kofman LLP. He has extensive litigation experience defending clients accused of felonies, misdemeanors and DWI/ DUI crimes.

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