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Can You Get a Hardship License After Refusing a Breathalyzer?

can you get a hardship license after refusing a breathalyzer

If you’re pulled over on suspicion of driving while intoxicated, you have the right to refuse the breathalyzer test. However, doing so can have consequences, such as your license being suspended for 180 days. If this occurs, you might wonder if it’s possible to get a hardship license so you can drive to work or school during the timeframe when your license is suspended. The answer is maybe. It depends on the details of your case and how you and your lawyer approach the issue. The only way to find out for sure is to talk to a Texas attorney with experience helping clients with DWI charges. 

What Is a Hardship License?

It’s important to know what a hardship license is before you decide if it’s right for you. It’s a restricted license that lets you drive to work, school, medical appointments, court-ordered rehabilitation, or other essential destinations. As long as you can prove that not having a license at all would be a hardship, you may have a chance of getting this type of license. 

If you do get it, keep in mind that you will have restrictions on when and where you can drive, so this isn’t an excuse to freely drive anywhere you want, like before your driver’s license was suspended. Additionally, there’s no guarantee you’ll be approved. For the best chance of getting a hardship license, you need to act fast, so hire a lawyer immediately after your DWI and let them know you want to apply for this. 

How Can You Get a Hardship License After DWI?

For a chance at a hardship license, you have to petition the court. This means filling out forms that ask for details about your case. Your lawyer will help with this step to ensure you can properly demonstrate your need and meet any deadlines. You might need to complete a rehabilitation program, pay a fee, or show proof of a special insurance policy before you’re approved. 

Even if you apply for a hardship license immediately, you likely won’t get it until you’ve served a certain number of days of the suspension period. For instance, you may have to wait 30 days of the 180-day suspension period before getting the hardship license.

Why Do You Need a Texas Lawyer?

No one can say for sure whether you’ll be approved for a hardship license. This will depend on the details of your case, so only your lawyer can tell you your odds of approval. This is why hiring a lawyer immediately after your DWI is critical, as a legal representative who knows Texas law can guide you through your case.

If you’re looking for a lawyer to take on your case, contact our Bedford law office at (972) 573-4532. Our team has helped numerous clients with a variety of cases across Texas, so you can count on us for helpful legal advice. 

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