In Michigan, when a driver is charged with operating while intoxicated or other traffic offenses and they lose their driving privileges, it can significantly impact their life. Not only might it hinder them from their everyday responsibilities, but it can damage their employment status.
The state is not unsympathetic to these realities. To ensure that people do not face life-altering consequences simply by losing their right to drive, there is an option known as a hardship license that will let the person operate a motor vehicle in certain circumstances. This is also called a restricted license. Knowing the law for getting a hardship license is critical.
Hardship licenses can let a person drive within limits
One of the most common ways in which a person’s driver’s license is suspended is for refusing a law enforcement officer’s request to submit to a test to determine if they are under the influence. Having a driver’s license carries with it the implied consent that the driver will do as the officer asks. Failure to follow this requirement, even if they were not under the influence at all, will warrant a suspension of driving privileges.
During that suspension, the person could be confronted with a litany of challenges that can make their situation worse. As the term “hardship” implies, the driver needs to show that the suspension is particularly problematic for them. Perhaps they need medical treatment or need to take a loved one for treatment; they might have a job that requires them to drive to and from work or to drive as part of their job; they could have children who need to be taken to school. These are some of the reasonable justifications for a hardship license if the driver provides proof that they need to drive.
The state can be agreeable to the person’s situation. The objective of the law is to ensure the safety of all citizens. A driver who made a mistake like committing a breath test refusal or a first time OWI will not generally warrant their entire lives being upended simply because their driver’s license is suspended. In these instances, a hardship license is a viable alternative to limit consequences beyond those levied by the legal system.
Seeking a hardship license requires following the process
A driver who wants to receive a hardship license needs to understand the steps in the process. That includes filing the petition, explaining why they need the hardship license, gathering evidence and attending a hearing.
It is essential to note that the hardship license could have strict limits as to when and where the person can drive. It could, for example, be back and forth to work or to go to medical appointments. Purchasing necessities and taking kids to school are other reasons for which a person can drive on a hardship license.
After an OWI arrest, a breath test refusal or a license suspension for any other reason, the driver needs to be cognizant of what can be done to retain some driving privileges for their needs. Having experienced guidance throughout the process can make a major difference in achieving a favorable outcome, receiving a hardship license and dealing with the OWI or traffic offenses in general.