If your driver’s license has been suspended for DUI, you may be able to get a hardship license (provided you did not refuse the test). Under Mississippi Code Annotated Section 63-11-30, if you are convicted of a DUI-First Offense, your driver’s license will be suspended for 90 days. However, a hardship license cuts this suspension to 30 days.
To obtain the hardship license, the defendant must file a petition in the circuit court where the conviction occurred, or the county where the defendant resides. This proceeding is a civil case, and is totally separate from the Court proceeding where the criminal DUI charge was handled.
After the petition is filed, the Court will hold a hearing on the petition. At the hearing, the defendant must prove that a driver’s license is necessary to (a) maintain employment; (b) attend school; or (c) obtain medical care. This must be proven to the Court by clear and convincing evidence. If the Court grants the petition, the defendant must pay reinstatement fees. After this has been done, the driver’s license will be reinstated.
It is usually fairly easy to prove a hardship. Courts routinely grant hardship licenses. In fact, it is rare that Courts refuse to grant hardship petitions. However, you must have a knowledgeable DUI defense lawyer to get your petition filed and push it through the system.
If you need a hardship license, or have other issues with your driver’s license, please call me to discuss your options.