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 Florida, individuals whose driver's licenses have been suspended or revoked due to a DUI/DWI arrest may be eligible to apply for a hardship license, which is a type of restricted driver's license. This license allows them to drive for specific purposes such as work, school, religious services, medical appointments, and other essential needs. To obtain a hardship license, the individual must demonstrate that the inability to drive creates a significant hardship. The process typically involves applying through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), completing a DUI program, and providing an SR-22 insurance form, which is a certificate of financial responsibility. Additionally, there are application fees associated with obtaining a hardship license. It's important to note that driving to social events or for non-essential purposes is not permitted with a hardship license. The specific provisions and requirements for obtaining a hardship license in Florida can be found in the Florida Statutes, particularly in the sections related to motor vehicles and traffic regulations.