can i drive to work with dwi

Facing a DWI charge in Louisiana can be stressful, especially if you’re worried about losing your ability to drive to work. Without a way to get to your job, you might face financial strain and uncertainty about your future. However, Louisiana offers an option to help you keep driving for essential purposes: the hardship license. In this blog, we’ll answer the question, “Can I drive to work with a DWI?” and explain how to get a hardship license in Louisiana after a DWI.

What is a Hardship License in Louisiana?

A hardship license is a type of restricted driver’s license. It allows individuals with a suspended license to drive under specific conditions. In Louisiana, it helps those who need to drive to work, school, or court-mandated programs. This option is available even after your driver’s license has been suspended due to a DWI, DUI conviction, or other traffic-related offenses. For many, it’s a lifeline to maintain the necessities of daily life.

For more information on how Louisiana handles driver’s license suspensions, you can visit the Louisiana Office of Motor Vehicles website. They provide detailed information on license suspensions, reinstatement requirements, and eligibility for restricted licenses.

Can I Drive to Work with a DWI?

Yes, you can drive to work with a DWI in Louisiana, but you need to obtain a hardship license first. Without this license, driving while your license is suspended can lead to serious legal consequences. These include additional fines, extended suspension periods, and even jail time. A hardship license offers a legal way to continue driving for essential purposes. This ensures you can maintain your job and other important responsibilities while dealing with the aftermath of a DWI.

If you’re dealing with a DWI charge and want to explore your legal options, our law firm has extensive experience in DWI defense. Visit our New Orleans DWI Lawyer page for more information about how we can help.

Qualifying for a Hardship License After a DWI

If you’re wondering how to get a hardship license in Louisiana after a DWI, the first step is understanding the criteria. Here’s what you usually need to qualify:

  1. Completion of Substance Abuse Programs: You may need to complete a substance abuse assessment or program. This requirement ensures you address any underlying issues related to alcohol or drug use. The court may also consider your blood alcohol level at the time of arrest when determining eligibility.
  2. Ignition Interlock Device: You may need to install an ignition interlock device in your motor vehicle. This device prevents your car from starting if it detects alcohol on your breath. Often, this is a condition of a restricted driver’s license. It allows you to drive to work, school, or other essential places. You can learn more about how ignition interlock devices work by visiting the National Highway Traffic Safety Administration (NHTSA) website. They provide resources on how these devices can help reduce alcohol-impaired driving.
  3. Proof of Employment or School Enrollment: You likely need to show proof that you need to drive for work, school, or other essential activities. This might include a letter from your employer, proof of enrollment in school, or a recommendation letter from support services.

Each case is unique. Eligibility varies based on the specifics of your DWI charge and your driving record. For example, a history of driving under the influence (DUI) or other serious violations like a school bus violation can affect eligibility. A criminal defense lawyer can clarify your eligibility and help you obtain a hardship license.

For more questions about DWI charges and the process, visit our FAQ page, where we cover common concerns and offer detailed answers.

The Application Process for a Hardship License

Here’s how to get a hardship license in Louisiana after a DWI:

  1. Gather Necessary Documentation: Collect all required documents. These include proof of employment, insurance, and completion of any court-mandated programs. Having all paperwork ready will make the application process smoother. If you have other legal issues, like nonpayment of income taxes, address those as they can impact the process.
  2. File a Petition with the Court: Next, file a petition with the court to request a hardship driver’s license. This involves filling out forms and paying any required fees. Ensure all information is accurate and complete to avoid delays. A criminal defense lawyer can assist with this step to make sure everything is submitted correctly.
Court
  1. Attend a Court Hearing: In many cases, you will attend a court hearing. During this hearing, a judge will review your petition and decide whether to grant the hardship license. Be prepared to explain why you need the license and how you will comply with all court orders. A well-prepared argument can sometimes lead to having charges reduced or dismissed, making it easier to get restricted licenses.
  2. Comply with Court Orders: If the court approves your hardship license, you must comply with all conditions. This may include attending substance abuse programs or using an ignition interlock device. Failure to comply can result in the revocation of your hardship license and a longer driver’s license suspension period. For more details on the legal process, the Louisiana State Legislature website provides in-depth information on state laws and court procedures related to DWI and driver’s license suspensions.

The timeline for obtaining a hardship license usually takes a few weeks from when you file your petition. Costs vary depending on court fees, expenses related to the ignition interlock device, and legal fees if you hire a law office for assistance.  If this is your first DWI, you might be interested in our blog “DWI in Louisiana: Will you Face Jail time?”

Conditions and Limitations of a Hardship License

A hardship license comes with specific restrictions. You may only be allowed to drive to and from work, school, or court-ordered programs. If you are required to use an ignition interlock device, it must be installed in your vehicle. You must use it every time you drive. Violating the terms of your hardship license can lead to serious penalties, including the immediate suspension of your driving privileges.

Why Consulting an Attorney Can Be Beneficial

Obtaining a hardship license can be a complex process. An attorney can help simplify this process. Here’s how they can assist:

  • Expert Guidance: An experienced criminal defense lawyer can help you understand how to get a hardship license in Louisiana after a DWI. They can make sure you meet all legal requirements and avoid common mistakes.
  • Maximize Your Chances: An attorney can help you build a compelling case. They can show why you should be granted a hardship license, increasing the likelihood of approval.

You can learn more about our legal team and our approach to criminal defense on our About Us page.  Need help deciding how to choose a good DWI lawyer?  Read our blog here on how to find the best.

Conclusion

Facing a DWI charge is tough. However, obtaining a hardship license can help you move forward. It provides a way to maintain some normalcy in your life. If you’re asking, “Can I drive to work with a DWI?” the answer is yes, but you must take the proper legal steps. By understanding how to get a hardship license in Louisiana after a DWI and following the guidelines, you can regain the ability to drive for essential purposes.

If you need help obtaining a hardship license or navigating your DWI case, our law office is here to assist. Call us at 504-434-7000 for a free consultation with an experienced DWI attorney. We’re here to guide you through this difficult time and help you get back on the road legally and safely.