A driver whose license has been suspended or revoked following arrest for a DUI/DWI charge may sometimes apply for an occupational or restricted driver’s license to perform essential life functions until the driver is able to seek to have their driver’s license reinstated. This temporary and limited driver’s license is known by a number of names, including an occupational license, a restricted license, an essential need license, a hardship license, or a limited driving privilege (LDP) license.
Laws regarding the availability and use of such restricted licenses vary from state to state but generally allow the driver to drive to and from (1) work; (2) school, college, or university; (3) places the driver must visit to maintain the household, including the grocery store or market, pharmacy, laundromat, and gas station; (4) church or place of worship; (5) medical appointments; and (6) court-ordered alcohol treatment and rehabilitation programs. Driving to visit family or friends or to attend social events is not permitted on a restricted license.
A person applying for an occupational or restricted driver’s license will be required to pay application fees to the department of motor vehicles and will often be required to submit an SR-22 proof of insurance form (see the related subtopic).
Laws regarding the availability and use of restricted licenses following a DUI/DWI arrest are generally located in a state’s statutes—often in the vehicle code, motor vehicle code, or transportation code.
In California, a driver whose license has been suspended or revoked due to a DUI/DWI charge may be eligible to apply for a restricted driver's license. This type of license allows the individual to drive for specific essential purposes, such as commuting to work, attending school, performing household errands, going to medical appointments, and participating in court-ordered treatment programs. The restricted license does not permit driving for social visits or leisure activities. To apply for a restricted license, the individual must pay application fees to the California Department of Motor Vehicles (DMV) and typically must provide an SR-22 form, which is a certificate of insurance proving that the driver has the minimum required insurance coverage. The specific regulations and procedures for obtaining a restricted license in California are outlined in the state's vehicle code. It's important to note that eligibility for a restricted license may depend on the individual's driving history and the specifics of their DUI/DWI case. An attorney can provide guidance on the application process and the likelihood of obtaining a restricted license based on the circumstances of the case.