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 Illinois, a driver whose license has been suspended or revoked due to a DUI/DWI charge may be eligible to apply for a Restricted Driving Permit (RDP), which is similar to what is known in some states as an occupational or hardship license. The RDP allows the individual to drive for specific purposes such as work, school, medical appointments, and alcohol treatment programs. To obtain an RDP, the individual must demonstrate that a hardship exists and that no alternative means of transportation are reasonably available. The application process involves a hearing before the Secretary of State's office, payment of application fees, and the submission of an SR-22 insurance form, which is a certificate of financial responsibility. The terms of the RDP will specify when and where the individual is allowed to drive. It is important to note that driving to social events or for visiting family and friends is not permitted with an RDP. The specific regulations and procedures for obtaining an RDP in Illinois are detailed in the Illinois Vehicle Code and administered by the Illinois Secretary of State.