What are My Rights After an OWI Conviction?
Being found guilty of
OWI carries a number of consequences, including possible jail time, large
fines, alcohol education classes, and more. But perhaps no penalty is
more difficult or cumbersome to your day-to-day life than having your
driver’s license suspended.
Being found guilty carries a
six-month driver’s license suspension for a first offense, which means that for two years you will be required to either use public
transportation or rely on your friends and family to get where you need to go.
However, you may be able to retain your driving privileges in a limited
capacity after being convicted of OWI. After 30 days of license suspension,
you may be eligible to receive a
probationary hardship license which limits your ability to drive, but gives you the ability to get back
behind the wheel.
Obtaining a Hardship License
When your license is suspended for driving while under the influence, you
will be forced to wait for 30 days. After this deadline passes, you may
apply for a hardship driver’s license from the Bureau of Motor Vehicles.
A hardship license essentially gives someone the ability to drive to a
limited number of places, including:
- To and from your job
- During your job (if your job duties include driving)
- To and from your place of worship
- To participate in visitation if you have been granted court-ordered visitation
with your children
- To pick up or drop off your children from school or day care
- To attend a doctor’s appointment
- To attend court-related events
Obtaining one of these licenses is not a straightforward matter. You may
not be a “habitual offender” or have any prior DUI convictions
on your record in order to be eligible. In order to be granted one of
these licenses, you must prove that public transportation is not suitable
for your situation, and that your license suspension creates undue hardship
to your life by preventing you from going to any of these four functions.
It’s strongly advised you seek an attorney to help you with this
hearing and present your case in the best possible light.
You may also be required to adhere to other penalties while driving with
one of these hardship license. A court may order you to install an ignition
interlock device on your car and have it checked periodically. You may
also be required to drive only during certain hours of the day.
Need Help Applying for a Hardship License?
If you need help applying for a hardship license, as well as presenting
your case before the court at a hardship license hearing, you should not
hesitate to contact
Baldwin, Kyle & Kamish, P.C. Our team is comprised of the only two Board Certified Criminal Law Specialists
in the entire state of Indiana, giving us a unique and recognized reputation
of excellence both in and out of the courtroom.
Trust your case to The Criminal Defense Team at Baldwin, Kyle & Kamish,
P.C. today! Call us to schedule your