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 New Mexico, individuals whose driver's licenses have been suspended or revoked due to a DUI/DWI arrest may be eligible to apply for a limited or restricted driver's license. This type of license is designed to allow individuals to perform essential life functions during the period of suspension or revocation. The restricted license typically permits driving to and from work, educational institutions, household maintenance locations (such as grocery stores and laundromats), places of worship, medical appointments, and court-ordered treatment programs. It does not allow for driving to social events or for visiting family and friends. Applicants for a restricted license in New Mexico must pay the necessary application fees to the Motor Vehicle Division (MVD) and are often required to provide an SR-22 insurance form, which is a certificate of financial responsibility. The specific regulations and procedures for obtaining a restricted license in New Mexico can be found in the state's motor vehicle statutes.