The first order of business after any DWI arrest is what's going to happen to your driver's license? In New York State, we have a "suspension (of license privilege) pending prosecution" which will usually occur at arraignment (initial appearance).

Fortunately, New York State does offer a hardship privilege, and also allows conditional licenses for specific purposes. How those privileges are obtained, how wide or narrow they will be, and how they will ultimately fit your life's transportation needs is dependent upon many factors.

If you cans hire a lawyer early (way before arraignment) then the total license issues (in state, out of state, conditional, hardship) can be evaluated and prepared for. Are you a student? If you are a college student, what state is your license from? Are you doing late night or weekend research? If you have a job, what "type" of work do you do? Are you in transition between states, jobs, or homes? Are you divorced or separated? Do you need to pick up or transport minor children? Do you have child care responsibilities? Are you self -employed? Does your job require meeting with clients? Do you live in a rural location? Are you planning on moving to another state in the near future? Do you or a family member have medical needs? Your response to every one of these questions is important.

Proof is required to obtain a hardship privilege by the Court. What type of proof the judge is going to want must be specific to the law (People v. Bridgman) and your driving needs to obtain a hardship privilege?

In People v. Bridgman, 163 Misc2d 818, 622 NYS2d 431 (City Court of Canandaigua 1995), the court set forth eight factors that it believed should be considered when determining if extreme hardship exists. These factors were: