DUI laws are determined on the state level. Some states allow drivers who have been convicted of a DUI to get limited driving privileges, which is often referred to as a hardship license. However, there may be several criteria that the individual may have to meet in order to obtain such a license.
About Hardship Licenses
After a person is convicted of a DUI, it is common for him or her to lose driving privileges. However, many states offer a method for individuals to continue driving in limited conditions if they receive a hardship license. For example, they may receive a license that restricts their driving to school, work or medical appointment driving only. Some states offer broader privileges, allowing drivers to drive during specific hours of the day for various reasons.
Revocation vs. Suspension
In states that do allow for hardship licenses, they may only be available when a person’s license has been suspended. If the person’s license has been revoked, the state generally will not grant a request for a hardship license. If the state does allow for a license despite a revocation, there are usually more severe limitations than with a hardship license associated with a suspended license. For example, the individual may only be able to drive to work and home.
Restrictions
A hardship license may not be available to all drivers. Some states do not offer this privilege to individuals convicted of DUI at all. Other states may not grant a license to someone who caused death, injury or property damage due to his or her drinking and driving. Still others base the eligibility for a hardship license off of whether the charge was a felony or misdemeanor.
It is also often easier for a person who has been convicted of only one offense to receive a license than someone with multiple DUI related offenses. Some states handle this problem by making more stringent restrictions on individuals with a history of multiple offenses.
Additional Requirements
States may impose additional requirements before a driver is eligible for a hardship license. For example, they may require the driver to complete DUI school or a short period of rehabilitation. The driver may also have to request an official copy of his or her driving record to include with the hardship license application.
If the application is accepted, the driver may have to comply with additional conditions, such as installing an ignition interlock device, seeing a probation officer and complying with any other conditions of the DUI hardship license agreement.
Process of Acquiring a Hardship License
States vary greatly in how they approach the acquisition of a hardship license. For example, some states require the individual to serve the requisite number of days without a license before they will allow him or her to petition for a hardship license. Other states, like Florida, require the driver to file for a formal review hearing shortly after receiving a citation for a DUI offense. However, Florida also allows drivers to apply for a hardship license after they do not drive for a specified number of days, such as 30 days after blowing over a 0.08 or 90 days after refusing to complete a breathalyzer test.
The process usually requires completing an application for the license in which the driver must identify the reason why his or her license was suspended. He or she must also explain how not having a license would serve as a hardship, such as not being able to get to work, not being able to get to school, not being able to receive necessary and ongoing medical care or not being able to pick up their children.
Some states require the driver to appear at a hearing in front of a panel of decision makers or in front of one judge.
Decisions to grant or deny a hardship license application are usually made by judges or officers of a state administrative agency. They are often decided on a case-by-case basis.
Commercial Licenses
The rules regarding hardship licenses generally do not apply to commercial licenses. If a person is convicted of a DUI offense, he or she may no longer be eligible to receive a commercial license.
Legal Assistance
A DUI lawyer may be able to assist individuals who are facing the loss of their driver’s license. He or she may help with the defense of the crime itself as well as the application process for a hardship license.
