Applying for a Temporary or Hardship Driver’s License

Having a driver’s license is critical for almost everyone. Whether it helps you get to and from work or enables you to perform necessary childcare duties, going through day-to-day life without the ability to drive can be incredibly stressful. If your license is suspended due to a drunk driving matter or another reason, there are steps you can take to obtain a temporary license or a hardship license that will allow you to attend to your responsibilities and work-related duties. Having an experienced Cleveland DUI attorney to assist you in navigating this process can take some of the stress and confusion away during this difficult time. Assisting Ohio residents in Akron and Cuyahoga Counties, our seasoned team of legal professionals will work diligently to make sure that your DUI (OVI) matter is handled in an efficient and compassionate manner while vigorously asserting your legal rights.

Whether it is a temporary suspension or a long-term suspension, the impact of being unable to drive can be devastating. If you are charged with the offense of driving while intoxicated, losing your license may be one of the repercussions that you face. Under Ohio law, it is important to note that there are two types of suspensions that apply after a charge for OVI. The first is an administrative license suspension, which is issued by the Ohio Bureau of Motor Vehicles. It is a strictly administrative suspension, which means it has nothing to do with the court proceeding.

The second type of suspension is a court-ordered suspension. Under Ohio law, the court can grant limited driving privileges for occupational, educational, vocational, or medical purposes in addition to attending court-ordered treatment programs. To receive a hardship license, the driver must file a petition for limited driving privileges in the court that has jurisdiction over his or her arrest. It is not necessary to have a hearing for the petition seeking limited driving privileges to be granted. There is no guarantee that the petition will be granted and your prior record may have an impact. An experienced DUI / OVI lawyer can walk you through the possible outcomes in your case.

There are some limitations to applying for a temporary or hardship driver’s license depending on your circumstances. For example, there are some time limits on when the petition can be granted, including during the first 15 days of a suspension for a first offense if you took the chemical test. If you have a prior OVI conviction in the last 10 years, you must wait 45 days for the petition to be granted if you took the chemical test.

Additionally, if you refused to submit to a chemical test at the time of arrest, there may be further delays regarding when your limited driving privileges will be granted. For example, if you refused a chemical test related to a first-time DUI, you must wait 30 days after suspension of your license for a petition seeking limited driving privileges to be granted. The waiting period increases to 90 days if you refused a chemical test related to your second DUI.

The procedures to restore driving privileges vary widely and the requirements are not always the same across different cases, which is why consulting an experienced legal team is important. Cleveland attorney A. Dale Naticchia has assisted residents throughout Parma, Bedford, Rocky River, Berea, Garfield Heights, Stow, and Barberton with applying for a temporary or hardship driver’s license. Although you may be tempted to continue driving while your license is suspended, the penalties are not worth it if you are caught. You may face up to six months in jail and up to $1,000 in fines, which can make your situation even more complicated. We know how important it is to you to get back behind the wheel as soon as possible so that you can take care of the many responsibilities and obligations in your life. We provide a free consultation so that you learn more about our legal services and how we might be able to assist you. To schedule your appointment, call us at 216-520-5297 or contact us online.