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Can I Apply for a Hardship License?

In Kansas, drivers are allowed to apply for a limited driving privilege (hardship) license if your driver’s license has been suspended for at least one year. The hardship license gives suspended drivers partial restoration of driving privileges for the purposes of commuting to and from work, school, and/or alcohol treatment programs.

There are a few different situations in which you could be eligible to apply for a hardship license. If your DUI license suspension was given after a refusal of a chemical test, you need to wait until your 90-day suspension is finished. As soon as the suspension period passes, then you can apply to the Division of Vehicles (DOV) for a hardship license and the right for your driving privileges to be restricted. If your license suspension was the result of a test failure or an alcohol or drug-related conviction, you can apply for a hardship license and for your driving privileges to be restricted after you serve your 45 days of license suspension.

However, there are several reasons for the DOV to deny a hardship application, such as:

  1. The applicant has a “failure to appear” on his or her record for a traffic citation
  2. The applicant has been convicted of failure to maintain driver liability insurance
  3. The applicant failed to file or maintain evidence of vehicle insurance with the Driver Control Bureau
  4. The applicant has been convicted of driving while suspended
  5. The applicant has been convicted of reckless driving
  6. The applicant has an out-of-state suspension
  7. The applicant is a habitual violator

Once approved for a hardship license, drivers need to pay for the Ignition Interlock Device (IID) and drive with it for the remainder of their suspension, including an additional “restricted” period from one to ten years. The additional IID restriction is based on the number of prior actions/convictions the drive had and for test failure, how high their BAC was after DUI arrest.

If you have been arrested for a DUI, contact Rokusek Stein, LLC and request a free consultation with our Kansas City criminal defense attorneys today.

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attorney rokusek is a mock trial instructor for the johnson county police academy and serves on the federal criminal justice academy (cja) panel for the district of kansas and on the federal attorney appointment list. she is also a master attorney in the earl e. o'connor american inn of court.

at rokusek law, llc, our lawyers have a reputation for offering a high-standard of professional service. this is shown by the multiple honors that we’ve been awarded over the years.

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