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 York State, drivers who have had their license suspended or revoked due to a DUI/DWI charge may be eligible to apply for a conditional license or a restricted use license. These licenses allow for limited driving privileges under specific circumstances. The conditional license is available to those who participate in the Impaired Driver Program (IDP) and may permit driving to and from work, school, and any IDP activities, as well as for necessary household errands such as grocery shopping and medical appointments. A restricted use license, on the other hand, is less common and is typically issued by a judge, allowing driving for specific purposes outlined by the court. To apply for these licenses, individuals must pay applicable fees and may be required to provide proof of insurance, such as an SR-22 form. It's important to note that these licenses do not permit driving for social visits or non-essential activities. The rules and eligibility criteria for obtaining a conditional or restricted use license in New York are detailed in the state's Vehicle and Traffic Law.