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 Kentucky, individuals whose driver's licenses have been suspended or revoked due to a DUI/DWI charge may be eligible to apply for a hardship license, also known as an ignition interlock license. This type of license allows them to drive for essential purposes, such as to and from work, school, medical appointments, and court-ordered treatment programs. Kentucky law stipulates specific conditions under which a hardship license may be granted, and applicants are typically required to install an ignition interlock device on their vehicles. This device prevents the vehicle from starting if it detects a certain level of alcohol on the driver's breath. Applicants must also provide proof of insurance, often in the form of an SR-22 certificate, and pay any applicable fees. The exact requirements and limitations for obtaining and using a hardship license in Kentucky are detailed in the state's statutes, specifically in the Kentucky Revised Statutes under the transportation code.