How Do I Get A Restricted License After A Dui Conviction?

Written by J. Hirby and Fact Checked by The Law Dictionary Staff  

DUI convictions are serious ones that come with severe consequences. People who are convicted of driving under the influence almost always have their driver’s licenses suspended or revoked for a period of time. However, people who must commute back and forth to work or school might need to be able to drive, especially if they live in rural areas where public transportation isn’t abundant. In some cases, people may be issued restricted driver’s licenses that allow them to drive for business purposes, which includes driving to work, school or church.

<h1>DMV Hearings</h1>

Even before people are convicted of DUIs, they lose their driving privileges in most states just upon being charged with them. Most states immediately issue people charged with DUIs temporary licenses that last between 30 and 60 days to allow them time to find an attorney, plan their defense and work on getting a restricted license. Usually, the arresting officer will confiscate the offender’s license and issue him or her a citation that serves as a temporary license. Within the first 30 days of being charged with a DUI, however, offenders can schedule an administrative hearing with their DMVs to attempt to obtain a restricted license. In the administrative hearings, usually a preponderance of the evidence is considered to determine whether or not people can receive a restricted license that allows them to continue driving while their cases are ongoing.

<h1>Post-Conviction Restricted Licenses</h1>

People who weren’t granted a restricted license before their convictions might still be able to receive them after their convictions. Each state has different laws that govern work-restricted licenses for those who need their driver’s licenses to commute back and forth to work. In order for some states to agree to grant work-restricted licenses, they might require that the offenders have ignition interlock devices installed in their vehicles that monitor their blood alcohol content levels by periodically requiring the drivers to blow into the devices while driving and before even starting up the vehicles. People can apply for work-restricted driver’s licenses at their local DMVs. In order to obtain restricted licenses, they must also comply with all their court-ordered provisions, such as any alcohol treatment programs and probation requirements.

People who are convicted of DUIs lose their driving privileges for a certain amount of time. However, those who need them for work purposes might be able to get licenses that allow them to drive solely for getting back and forth from work and school.

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