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How do I get a hardship license for a first offense dui?
Question:
How do I get a hardship license for a first offense dui?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
Whether or not you will be eligible for a hardship license for a first offense DUI offense depends on a number of factors. The biggest factor is where you live. Each state has different rules, penalties and regulations for a DUI.
In some states, for example, a license suspension is an automatic administrative action that results from a DUI. In other words, if you are charged with DUI, the administrative agency that issues drivers licenses and that governs driving rules- which you know as the DMV or Department of Motor Vehicles- is going to take your driver's license away automatically. If you want to get it back, or get a hardship license, you will need to request a hearing with the DMV. At the hearing, you will need to prove why you deserve a hardship license.
In all states, a DUI is also a criminal offense. This means you may have to either plea bargain or go to a criminal hearing where you are sentenced. Your drivers license may be suspended as a part of that criminal sentence; this is often a separate action from the loss of your license due to the DMV action. In that case, you will have to ask the court to grant you a hardship license.
No matter whom you are petitioning or requesting the hardship license from, the key is going to be having clear evidence that you really do need a hardship license. Just because it is not convenient for you to be without a license doesn't mean you'll get it back. There needs to be a legitimate and actual reason why you cannot be without your license.
A good lawyer can help you to understand the procedure in your state, and can also assist you in taking the proper steps to get your license back and make a convincing argument to the court.
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