1. Does the agency (motor vehicle/DOT) law provide for hardship licenses?
Yes. Persons charged with DUI offenses may receive restricted driving privileges for employment or financial hardship reasons. AC 5-65-118, 27-16-701, 5-65-104. A minimum suspension period may be required to be served before limited privileges will be allowed.
2. Is an agency hearing required before a hardship license is issued?
Any person whose license was suspended under AC § 5-65-104 who would otherwise be eligible to obtain an ignition interlock restricted license may petition the court for a hearing, and the court may order the Office of Driver Services of the Revenue Division of the Department of Finance and Administration or its designated official to issue an ignition interlock restricted license as authorized under the applicable section of AA §§ 5-65-104 and 5-65-205.
Under AC 27-16-70, a person less than eighteen years old who is unable to meet the requirements of subsection (d) of this section, grade averages, etc., may petition the office that he or she be issued a restricted permit for employment-related purposes. A hearing will be held within a reasonable time after the application.
3. Do prior offenses prevent me from obtaining a hardship license?
AC 5-65-104 disallows fourth repeat DUI offenders from receiving a restricted license and second and third offensers must wait one year before applying. Those DUI convictions within the past 5 years from the current offense are counted.
4. What are the requirements for getting a hardship license?
Under AC 5-65-118, if the court finds that a person is required to operate a motor vehicle in the course and scope of the person’s employment and, if the vehicle is owned by the employer, that the person may operate that vehicle during regular working hours for the purposes of his employment without installation of an ignition interlock device if the employer has been notified of such driving privilege restriction and if proof of that notification is with the vehicle.
This employment exemption shall not apply, however, if the business entity that owns the vehicle is owned or controlled by the person who is prohibited from operating a motor vehicle not equipped with an ignition interlock device; or if the person cannot provide proof of installation of a functioning ignition interlock device to the Office of Driver Services.
Also, any person whose license was suspended under § 5-65-104 who would otherwise be eligible to obtain an ignition interlock restricted license may petition the court for a hearing, and the court may order the Office of Driver Services of the Revenue Division of the Department of Finance and Administration or its designated official to issue an ignition interlock restricted license as authorized under the applicable section of §§ 5-65-104 and 5-65-205.
AC 27-16-701, persons attending school, with regular attendance and a C grade average, may get a restricted license. Others may petition for a work permit or financial hardship limited license.
5. Can minors receive limited driving privileges?
Under AC 27-16-70, minors who meet a C average requirement in school courses or show employer knows of restricted licensing privilege may obtain a limited license.