Full question:
My driver's license was suspened for 90 days for a DWI (first offense). Can I apply for a hardship licence so my sister and mother do not have to take me and pick me up from work? It is a hardship on them.
- Category: Automobiles
- Date:
- State: Indiana
Answer:
If you have never been arrested for an Operating While Intoxicated (OWI) offense, have no prior license suspensions, and did not refuse a chemical test, you may be eligible for a hardship license. However, if you hold a Commercial Driver's License (CDL), federal law prohibits obtaining a hardship license. In Indiana, a probationary license cannot be issued post-conviction.
A hardship license can be requested through a petition filed with the Court in your county, stating that the suspension creates an undue hardship for your family or dependents. This petition is separate from any criminal case and requires a filing fee. If granted, the hardship license allows restricted driving to and from work and during employment while your criminal case is pending. It will not take effect until you have been administratively suspended for at least thirty days.
If you are enrolled in a certified rehabilitation program, the Court must grant your request for a hardship license. Otherwise, it is up to the judge's discretion to approve it. Many judges prefer to issue hardship licenses only if the driver is already participating in an acceptable rehabilitation program.
(IC 9-30-5-9.5; IC 9-30-9.05; IC 9-30-10-9; IC 9-24-15-6.5)
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.