Can I apply for a hardship license to get to and from work if I was convicted of a DWI?
Full Question:
Answer:
If a person has never been arrested or convicted of an "Operating While Intoxicated Type Offense," has never had their license suspended before, and did not refuse to take a chemical test, he may be eligible for a special restricted license called a "hardship license."
Please note, however, that if a person possesses a Commercial Driver's License (CDL), no hardship license can be obtained under federal law and, likewise, no probationary license (post-conviction) can be obtained under Indiana law. [IC 9-30-5-9.5; IC 9-30-9.05; and IC 9-30-10-9)]
If issued by the Court, the probationary license will not go into effect until after the driver have been administratively suspended for thirty (30) days.
The purpose of the "hardship license" is to supersede up to one hundred fifty (150) days of the one hundred eighty (180) day mandatory "administrative suspension" imposed for failing a chemical test.
To obtain this "hardship license," a petition must be filed with the Court in the County where the driver resides stating that the suspension of the license would work an undue hardship and burden upon his family or dependents. This petition is a civil proceeding separate and apart from any criminal prosecution. There is a required filing fee which is paid when the petition is filed with the court. If the petition is granted, the "hardship license" allows restricted driving to and from work and during the course of one's employment while the criminal case is pending.
This special hardship license will supersede the one hundred eighty (l80) day administrative suspension of the driving privileges, discussed above. However, it will not become effective until the driver has been administratively suspended for at least thirty (30) days. [IC 9-24-15-6.5(c)]
If, when petitioning for this hardship license, the person is participating in a rehabilitation program certified by either the division of mental health or the Indiana judicial center, the Court must grant you this "Hardship License." (IC 9-24-15-6.5) Otherwise, it is discretionary with the judge as to whether or not to grant the hardship license request. Many judges will not issue a hardship license unless the driver is already enrolled in an acceptable rehabilitation program.
