(a) The Office of Driver Services may modify the administrative denial or suspension of a driver's license under § 5-65-402 after a hearing or upon the request of a person whose driving privilege has been denied or suspended by issuing a restricted driving permit if:
(1) The denial or suspension results in a case of extreme and unusual hardship; and
(2) After reviewing the person's driving record for the five (5) years previous to the denial, revocation, or suspension of his or her driving privilege, the office determines that:
(A) The person:
(i) Is not a multiple traffic law offender; or
(ii) Does not present a threat to the general public; and
(B) Other adequate means of transportation do not exist for the person except to allow the person to drive in any of the following situations:
(i) To and from the person's place of employment;
(ii) In the course of the person's employment;
(iii) To and from an educational institution for the purpose of attending a class if the person is enrolled and regularly attending a class at the institution;
(iv) To and from an alcohol education program or alcoholism treatment program for drunk drivers; or
(v) To and from a hospital or clinic for medical treatment or care for an illness, disease, or other medical condition of the person or a family member.
(b) The issuance of a restricted driving permit under this section is solely within the discretion of the office.
(c) A restricted driving permit issued under this section shall state the specific times and circumstances under which driving is permitted.
(d) A restricted driving permit issued under this section shall not be granted to a person whose driving privilege was suspended or revoked for violating § 5-65-103, § 5-65-205, § 5-65-303, or § 5-65-310, a second or subsequent time within five (5) years of the first offense.
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