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 Montana (MT), individuals whose driver's licenses have been suspended or revoked due to a DUI/DWI charge may be eligible to apply for a restricted probationary driver's license, which is similar to what is known in some states as an occupational, hardship, or essential need license. This type of license allows the individual to drive under certain conditions and is typically limited to essential driving needs such as commuting to and from work, school, medical appointments, substance abuse treatment programs, and other necessary household maintenance activities. To apply for a restricted license in Montana, the individual must meet specific eligibility criteria set by the state, which may include a mandatory waiting period after the suspension or revocation, the installation of an ignition interlock device, and the submission of an SR-22 insurance form. Additionally, there are application fees that must be paid to the Montana Motor Vehicle Division. It's important to note that the use of a restricted license is closely monitored, and any violation of the terms can result in further penalties.