Criminal Attorneys & DWI Lawyers in Covington, New Orleans, and Shreveport Louisiana

16Nov

Can I Get a Hardship License?

Hardship license in Louisiana

Our driver’s license is the key to driving in any state in the United States. Without it, you would probably have no need to have a car. However, there are situations where we can have our license suspended or taken away by the government. One of the major reasons why this happens is because of drinking while driving.

In the State of Louisiana, this offense is known as “DWI” which means driving while intoxicated. If you are caught, you would be tried and convicted if proven beyond a reasonable doubt. The effect would be that you would be stripped off all the things that could allow you to drive. Chief among this would be your driver’s license. Once seized, you would not be able to drive anywhere anymore. This is where a hardship license comes in.

However, only your driving privileges in Louisiana can be suspended by the Louisiana Department of Public Safety. If you are licensed to drive in another state, Louisiana DPS cannot suspend your ability to drive there.

What is a 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.

Also, the hardship license allows the person to drive on all only roads which are approved by the license. If the person driving the car is stopped by a policeman, it is in the absolute discretion of the policeman to decide if his excuse for driving is a reasonable one.

So the question you would be wondering is can I get a hardship license? If so, when?

Can you get a hardship license?

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 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.

Once first-time DWI offenders have served their suspension for a month, they would be eligible for the hardship license.

How can I get a hardship license?

If you wish to get a hardship license, you would have to make a petition to the court (district) that is within the parish that you live. If you leave in Baton Rouge, it is important that you get DWI lawyer in Baton Rouge to guide you throughout the steps that you would need to follow.

If the court which you petitioned to is willing to give you a hardship license via a court order, then you would keep the hardship license with you. This hardship license must be attached to your original driver’s license whenever you decide to hit the road.

Depending on your situation, before you get a hardship license, Louisiana may request that you get an interlocking tool on your vehicle. The purpose is to make sure that your alcohol levels in your blood are at a low side. Once your blood content has been affirmed, then the car would be able to start. If you should be given this as a requirement, then the evidence of the tool installed in your vehicle would be needed. One other thing which you would have to show would be your insurance coverage. Other things which you might need to proceed would be your medical reports, the letter given to you by your support services and a host of other things.

If the vehicle which you want to drive does not belong to you but that of an employer, you would be required to bring a letter that states that their employee drives under a hardship license with their knowledge. When using this kind of vehicle, you would surely not need to add an interlocking tool to it as it would not be needed.

It is important to note that the only time which you might be asked to put on an interlock device could be in the situation that you have refused to take a blood test to check your alcohol level. On rare occasion, it can also be for DWI or any other issue that you have that is related to alcohol.

Other things to bear in mind

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.

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.

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 criminal 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.

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Louisiana DWI & Criminal Lawyers

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Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in Baton Rouge, Ascension, Livingston, Tangipahoa, Port Allen, Alexandria, New Orleans, Lafayette, Metairie, Kenner, Gretna, Hahnville, Chalmette, Slidell, St. Tammany, St. Charles, St. John, St. Bernard, Mandeville, Covington, Shreveport, Bossier, Jefferson, and all of Louisiana.

DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.

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