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 South Carolina, individuals whose driver's licenses have been suspended or revoked due to a DUI/DWI arrest may be eligible to apply for a provisional driver's license, which is a type of restricted license. This provisional license allows them to drive for specific purposes such as work, school, court-ordered treatment programs, and other essential life functions. The eligibility for a provisional license depends on the individual's specific circumstances, including the severity of the offense and prior driving record. To apply for a provisional license, the individual must meet certain requirements, which typically include enrolling in an Alcohol and Drug Safety Action Program (ADSAP), paying reinstatement fees, and providing an SR-22 insurance form. The South Carolina Department of Motor Vehicles (SCDMV) oversees the application process for provisional licenses. It's important to note that driving outside the restrictions of the provisional license is illegal and can result in further penalties. An attorney can provide guidance on the application process and ensure compliance with South Carolina's specific regulations regarding restricted licenses after a DUI/DWI arrest.