Hardship License in Louisiana
Definitions
Hardship License
A hardship license is a license which is given to someone who has had his license seized or suspended. This license is only given to that person if there is enough proof to show that without the use of his or her driving ability, he or she would not be able to live life the way they ought to.
The hardship license would allow them to drive at restricted periods. For example, it could allow you to drive yourself to work and back. You could also be allowed to pick up your groceries with the aid of the car and so much more.
Ignition Interlock Device
An in-car breath alcohol screening system linked to a vehicle’s ignition system, preventing the vehicle from starting if it detects a blood alcohol level above a predetermined limit.
Lease and Installation Agreement
A documented confirmation of the proper lease and installation of an ignition interlock device in a vehicle. You must use a certified installer such as SmartStart.
Necessity of Life
Activities essential for maintaining one’s livelihood and basic needs. For example, driving to the grocery store, which law enforcement may evaluate to determine necessity.
SR-22 Filing
A certificate of liability insurance from an authorized insurer in Louisiana. In some cases, a non-ownership policy may apply. An SR-22 binder can be accepted for 90 days, serving as an alternative to the original SR-22 filing for certain offenses.
Eligibility
Ignition Interlock Device is Required
For the following violations, an ignition interlock device must be installed, and only the vehicle equipped with the device can be driven:
- Submitting to a breath alcohol content test over the limit
- Refusing a chemical test for intoxication
- Driving While Intoxicated (DWI or DUI) conviction
- Vehicular Negligent Injury
- Alcohol-related Driving Under Suspension (applicant was under suspension for an alcohol offense on the date of violation).
Documentation Required for Hardship License Issuance
Depending on the reason for the suspension, the requirements to obtain a hardship license may include the following:
- SR-22 Filing
- SR-22 certificate is not required for a submittal over the limit
- Ignition Interlock Lease and Installation Agreement
- Recommendation Letter from Support Services
- Court Order/Judgment
Employment Exception to Interlock Device
If an applicant drives their employer’s vehicle for work, the court may permit this without the interlock device, provided proper documentation and employer awareness are provided. However, if the applicant owns the company and drives the company vehicle, the interlock MUST be installed in that vehicle. Applicable fees must also be paid.
Exceptions
A hardship license is only available for Class D or E license holders, not for operating Commercial Motor Vehicles (Class A, B, or C). Applicants can downgrade to a Class D or E license if eligible.
Applicants suspended in another state upon becoming Louisiana residents must first fulfill the other state’s requirements before being eligible for a Louisiana license.
NOTE – Hardship licenses vary in accordance with multiple statutes, so applicants should contact the DMV for eligibility and requirements prior to visiting a Field office. We recommend contacting the DMV online.
Can you get a hardship license for DWI?
The answer to that question is yes. However, it would depend on a lot of factors. The first thing you would have to consider is the offense. For people who are only first-time DWI offenders and are more than 21 years of age, they would likely have their license suspended for just three months. Please note that it could go up to one year if you refuse to take an alcohol test. If you are a second-time offender, then you can expect your license to stay seized for four years.
For this reason, it is important to avoid being convicted of DWI charges, if you can help it. Once you are charged, it is important that you get yourself a DWI lawyer in Louisiana. This would ensure that you have a good defense.
Other things to bear in mind
You do NOT have to apply for a hardship license right after your arrest. If you contact our lawyers, we will request an Administrative Hearing within 30 days of the date of arrest to fight the proposed suspension of your driver’s license.
You can only have a hardship license if you are going to drive a class D or E vehicle. This means that the hardship license cannot be used for any form of commercial business.
If you are granted a hardship license, you will have a hard copy driver’s license with a large ‘R’ on your license which represents ‘Restricted.’
It would also be important to point out that you may be deprived of getting a hardship license if the crime which you committed was not in Louisiana. In that case, you would have to wait for your suspension to be over.
If you should violate the hardship license rules, there would be penalties. It is important then to stick with all the rules that you have been given.
Lawyer For DWI
The process to get and maintain a hardship license simply shows how important it is that we get ourselves a DWI lawyer in Louisiana as soon as we have any challenges with DWI. Our DWI defense attorneys would be happy to help you present a strong defense on your behalf. We make sure that our clients get quality services irrespective of how big or small the case may be. Contact us if you have a DWI or any other charge in Louisiana.
This article was written by Louisiana DWI attorney Carl Barkemeyer of Barkemeyer Law Firm.
