Suspension while the case is pending
When a chemical test shows a level at or above the legal limit, a New York judge generally suspends the license at arraignment for as long as the case is pending. A refusal produces a different suspension at arraignment, which is then taken up at a DMV refusal hearing. These suspensions can begin before you have had a chance to challenge anything, which is part of what makes them so disruptive. They do not mean the court has decided the case. The criminal charge still has to be proven, and the license can be affected again at sentencing, depending on how the case ends.
Hardship and conditional privileges
A hardship privilege, requested from the judge, can allow limited driving during a pending-prosecution suspension when you can show a genuine hardship, and the standard is demanding. The hearing usually happens quickly, so the proof has to be gathered fast. Later, after part of the suspension has passed, some drivers can apply to the DMV for a pre-conviction conditional license, which is separate from the impaired-driver program. Both permissions carry tight limits on when and where you may drive. Driving outside those limits can cost you the privilege and lead to new trouble.
Building the hardship proof quickly
Proof for a hardship request usually needs to come from people and documents other than your own word. A letter from an employer describing your hours and duties, records showing where you live and work, and an explanation of why transit or rides from family will not cover the gap all tend to matter. Necessary medical treatment for you or someone in your household, or travel to school if you are enrolled, can also be relevant. Gather what you can before the first appearance or right after it, and give it to your lawyer rather than handing it to the court on your own. We explain whether a request is realistic, what limits are likely to come with any privilege, and how the suspension may change once the case is resolved.
