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 Dakota, individuals whose driver's licenses have been suspended or revoked due to a DUI/DWI charge may be eligible to apply for a restricted driving permit, sometimes referred to as a work permit or a hardship license. This permit allows them to drive under limited conditions, typically to and from work, school, necessary household errands, medical appointments, and court-ordered treatment programs. The availability of such a permit is contingent upon meeting certain criteria set forth by South Dakota law. Applicants are usually required to demonstrate that the inability to drive would cause undue hardship. Additionally, they must pay applicable fees and provide an SR-22 insurance form, which is a certificate of financial responsibility. The specific regulations and procedures for obtaining a restricted driving permit in South Dakota can be found in the state's motor vehicle statutes. It's important to note that driving to social events or for other non-essential purposes is not allowed with a restricted permit. An attorney can provide guidance on the application process and ensure compliance with all legal requirements.