How to Get a Hardship License, Restricted License to Drive to Work After a DUI, DWI
Hardship license cost to expect in most states is an average fee of $95 to reinstate a license to drive on a restricted basis. Drivers arrested for DUI today may actually be able to keep a license or drive with a hardship license for a first DUI offense, while the case is being fought in court.
If, however, the state does automatically suspend or revoke your license after a DUI arrest, there are still ideal options to get a restricted license that can be used to minimally drive during the suspension term. Hardship licenses after DUI, DWI are most often issued for the purpose of legally being allowed to drive to work, school, or medical treatments and doctor appointments.
The first step in getting your license back is to file for a restricted license within the state’s timeline for doing so. If you do not know the timeline already to apply for a DUI hardship license, you should be able to find it for your specific state on the state DMV website, or we can immediately help with reviewing your arrest online. If you have already hired a good DUI attorney, he or she will know exactly when and how to file for a restricted license.
Next, whether or not you are able to keep your job may depend on if you actually need to drive for work or just need your license to be able to get back and forth from work. If you had a commercial license, all states do not offer a temporary hardship permit or restricted license for this purpose.
There are additional attorney recommended solutions for how to get a hardship license after DUI with no money for the restricted license cost. In situations when an individual is in a financial struggle to afford a lawyer to get a hardship license after a DUI happens, free DUI defense help is often locally available to assist in the process qualifying for a work permit to drive.
An online review of a driver’s arrest specifics, will cover all affordable and free options for individuals who need immediate help how to get local legal representation nearby and find fast solutions to get a restricted license after getting arrested for DUI, DWI today.
Review What Qualifies You for a Hardship License After DUI
An individual who has a suspended license after a DUI offense and wants to legally drive in the meantime, must first apply to get a restricted license with the local DMV. The first step before a convicted DUI offender can qualify for a restricted license, is providing the DMV verification of enrollment in DUI classes, and show proof of having SR-22 insurance on the vehicle a person will be driving.
A restricted driver’s license minimizes the hardship of a suspended license after a DUI, DWI. Having a restricted license allows a person to legally drive to their job, while helping to lessen the negative impact on a defendant’s daily life. Typically, this alternative is the best solution how to get your license reinstated after a DUI suspension has already happened.
A hardship license is most often issued when a person applies for it after a regular driver’s license has been suspended at their DUI, DWI administrative license hearing. This type of restricted license legally permits an individual to drive on a limited basis for approved reasons during designated hours specified by the court, most often for the purpose of going to work, school, or doctor appointments.
Most common 4 reasons a hardship license is granted after a DUI, DWI suspension July 2021:
- To keep a current job and source of income (Example: A person must maintain their employment in order to support a family, when nobody else can nobody else in the household is able to drive the individual with a suspended license to work.)
- Medical reasons such as a disability or illness, when doctor visits for the individual or family member is needed (doctor’s note will be required)
- Going to school, taking college courses, or attending work-related training courses (proof of enrollment from the school will be required)
- Family emergency or death of an immediate family member.
A temporary hardship/restricted license is meant to offer convicted DUI, DWI offenders with no means to get to work or their scheduled counseling sessions a means of transportation. Even if that individual had a commercial license, he or she will only be able to obtain a restricted license to operate his or her personal vehicle for the purposes mentioned above. Individuals convicted of DUI who have a hardship permit or restricted license will be limited for where and when they can legally drive, and may be required to have an interlock device installed to operate a car – which includes any work vehicle.
If you have a job where you are required to drive, it is recommended you should be upfront with your employer about your situation. There may be alternate positions within the company that you are able to do temporarily while serving the suspension or driving with a hardship license. However, this will be up to your employer and will depend upon the availability of alternative positions and possibly your history with the company. We can provide tips how to talk to an employer after DUI and free legal advice for drivers to help minimize the chances of being fired.
When faced with lost employment because of a DUI charge, all is still not lost. Even though your employer may be terminating you, it may still be possible to obtain a referral letter based on your job performance to that point. You can also inquire if your employer would be willing to hire you back once the license suspension is served, or if you are able to get a restricted license for DUI offenders. From that point, you will need to seek out employment for job positions with a DUI background where driving is not a requirement.
Defendants seeking immediate solutions how to drive after DUI, DWI charges happen, an online DUI arrest review will show the lawyer recommended best legal ways how to get a hardship permit to drive to work on suspended license based on a driver’s own arrest situation. In DUI cases that are still pending in court, an arrest review also provides case-specific revocation defenses that can often avoid a driver’s license suspension in time at the DMV hearing.
One common problem that often arises when a driver wants to get a restricted license after DUI, is when the DA hasn’t received the arrest report yet. This legal technicality issue causes a delay in getting a restricted license for work or other personal reasons, since the police arrest report is needed in order to start the hardship license process. When a person needs immediate answers how to get a hardship license nearby and know exactly how much it will cost to get one, expert license suspension lawyer free legal advice is available 24/7 with FightDUICharges to determine the best defense options to get a restricted license quickly as possible at your nearest DMV location.
An arrest review will address and expedite many of these types of legal issues to eliminate licensing problems when a person has been arrested for DUI with no court date yet, or is waiting on the DA to get the arrest report to begin the process of getting a restricted hardship license after DUI. Getting a DUI and going to work can be problematic for most people, but the relief of getting a hardship license for work is a great alternative to a suspended license while a case is being fought in court.
How do you get a hardship license after a DUI?
Most drivers convicted of a DUI, DWI charge will have the legal option to acquire a hardship license that will reinstate driving privileges for school, doctor appointments, business, or work reasons. To apply for a hardship license and get approved for driving reinstatement, please review the following July 2021 court and DMV rules and conditions first.
1. For a first offense DUI conviction, a person must finish all DUI class hours and apply at the local DMV to schedule a hearing to get a hardship license reinstatement. Under new July 2021 DUI laws in most states, the ignition interlock device (IID) is mandatory for an average of 6 months for 1st time offenders convicted with a BAC of below .15 BAC threshold.
2. Upon second offense DUI, DWI conviction, a hardship license will not be granted unless for the possible exceptions described below. Moreover, the ignition interlock device will be mandatory for an average of 2 years when a convicted 2nd time offender had a BAC greater than .15 at the time of the arrest.
3. After a 2nd DUI offense conviction or guilty plea within 5 years, typical license suspension to expect is 3 years on average. However, a convicted 2nd DUI, DWI offender can apply for a hardship license reinstatement hearing after a period of one year. Individuals guilty of a second DUI offense are also required complete all DUI school class hours and remain under DUI court supervision for the remainder of the standard license revocation time period. If a person fails to report for alcohol/drug counseling or alternative court-ordered treatment, the consequences will result in cancellation of a DUI hardship license. 2nd DUI offender applicants for a restricted license also must adhere to rules such as not having consumed any alcoholic drink, Marijuana, controlled substance, or illegally driven a motor vehicle without a license for 12 months prior to getting a hardship license. Additionally, a mandatory interlock device for up to 2 years will be required when a BAC level was greater than .15 at the time of getting arrested for a second DUI, DWI offense.
4. Drivers convicted of a third DUI offense within 10 years of a previous offense, can expect a a 10-year suspension of a standard driver’s license under 2021 DUI, DWI laws in most states today. However, a convicted 3rd time DUI offender can be eligible to apply for a hardship license reinstatement hearing after a two year period following a third DUI offense conviction or guilty plea. A person must also finish all hours of DUI classes and remain under the local DUI court supervision program during the entire license suspension period of time. An individual failing to attend required counseling sessions or alcohol/drug treatment course will cause the automatic cancellation of a DUI hardship license. It’s also important to note, any 3rd offense DUI hardship license applicant must also have not consumed any alcoholic drink, Marijuana, illegal drugs, or driven a vehicle without a valid license for 1 year prior to applying for a hardship permit to drive. Also, an ignition interlock is a mandatory penalty under current DUI, DWI law for third time offenders for a minimum of 2 years.
5. In the worst felony cases involving a DUI manslaughter offense, even with no prior DUI-related charge conviction, a person can expect permanent revocation of a standard driver’s license. The only way a convicted DUI manslaughter offender has for an option to legally drive again under limited conditions, is with a restricted permit in the future, after a 5 year period from the court verdict. A felony DUI offender becomes eligible for hardship license once five years has elapsed from date of a DMV license suspension, or from the sentencing date of going to jail, if the following hardship license requirements have been completed:
- An applicant for a restricted permit to drive has not been arrested for a drug-related charge for at least 5 years before the date of the hardship license hearing;
- An applicant has not illegally operated a vehicle on a public road without a valid license for a minimum of 5 years prior to the scheduled hearing;
- An applicant has maintained staying alcohol and drug free for at least a period of five years length of time prior to the date of the DUI hardship license hearing; and
- The applicant must have finished all hours of DUI classes and be court supervised under the DUI program for the rest of the time remaining of the license revocation period determined by the local court at sentencing. If an applicant fails to report for any alcohol/drug treatment or counseling appointments, the consequence will result in cancellation of hardship license eligibility by both the DMV and court.
When an applicant for restricted driving has met all of the legal requirements to get a hardship license after a DUI, an ignition interlock device is required to be installed for 2 years on any vehicle a person will be driving, including vehicles used for work. To review the complete hardship license legal code, please refer to 49 U.S. Code § 31301.
In conclusion, the answer to the question if you can drive to work after a DUI is yes, you can legally drive to work after a DUI, DWI suspension – if you get a restricted hardship license for job purposes.
In order how to get a temporary license to drive back and forth to work, school, or doctor appointments, a person will need expert legal advice to successfully navigate the DUI licensing process with the DMV. It’s important to have a DUI arrest review before a DMV hearing with an expert DUI attorney that is a specialist in this field of law, to have the best chance of keeping your driver’s license or get a hardship license as quickly as possible.
Hardship License Cost – DUI Restricted License Law July/August 2021 References:
Taryn J. White is a legal research specialist and DUI law news reporter. Her current accomplishments include helping those facing any driving under the influence arrest charges, get free online assistance in learning how to fight a DUI case for the best possible outcome.