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 Kansas, individuals whose driver's licenses have been suspended or revoked due to a DUI/DWI charge may be eligible to apply for a restricted driver's license, often referred to as an occupational or hardship license. This type of license allows the individual to drive under specific conditions, typically to and from work, school, household maintenance locations, places of worship, medical appointments, and court-ordered treatment programs. The use of a restricted license for social visits or non-essential travel is not permitted. To apply for a restricted license in Kansas, the individual must pay the required application fees to the Department of Motor Vehicles (DMV) and provide an SR-22 insurance form, which is a certificate of financial responsibility. The specific regulations and procedures for obtaining a restricted license in Kansas are outlined in the state's statutes, which can be found in the vehicle or transportation code sections.