How to Get a Restricted License After a DUI Conviction

The court often will suspend the license of anyone convicted on a DUI (driving under the influence), even first offenders. However, you may qualify for a restricted license enabling you to drive to work or school. Here's how to get one.

Difficulty: Moderate

Instructions

Things You'll Need:

• Attorney specializing in DUIs

1. If you were not issued a temporary license as part of your citation, contact the DMV immediately. After a DUI arrest, the officer will either confiscate your license or punch a hole in it, making it a temporary license. Your citation may also act as a temporary license. Depending on the state, the temporary license is good for 30 or 60 days. This gives you enough time to contact an attorney, plan for your defense and go about getting a restricted license.

2. Schedule a DMV hearing within 30 days after your arrest. Outside of your criminal trial for the DUI, you will have to pay a fine and have an administrative hearing at the DMV to obtain a restricted license. The DMV suspension may run in addition to or concurrent with your criminal suspension. Don't miss the 30-day window or you will lose your license with no right to appeal.

3. Apply for an occupational or work license. Each state has different laws, but you may qualify for a work-restricted license. Some states also require the installation of an Ignition Interlock Device to obtain a work-restricted license.

4. Attend your treatment program as regulated by your state's law and your sentence. Consider getting additional help for alcoholism and alcohol abuse to avoid another DUI (see Resources below).

Tips & Warnings

• DUI laws vary by state, so check laws regarding restricted licenses with your local DMV. Some states do not offer restricted licenses.
• If you are under 21 and have had your license suspended through a "zero-tolerance" violation, you will not qualify for a work-restricted license, but you may qualify for a hardship license allowing you to drive to work and school.
• Obtaining a restricted license does not qualify you for a travel visa outside of the United States. Canada, for instance, has strict laws governing admission of travelers with DUI convictions in the past five years.
• Convicted DUI offenders do not have the automatic right to a restricted license. You must hire an attorney to help you obtain one.

[pambow211]

on 3/18/2009 DMV now requires you to request a hearing within 10 days. If you fail to do so, you can request a late hearing if you send the reason why you didn't comply within 10 days. Does anyone know what reasons they will accept so I can get a hearing? I thought I had done this already (within 10 day period) apparently not. Please help I am at a loss as I know "I FORGOT" won't fly with them. Thanks

[pambow211]

on 3/18/2009 DMV now requires you to request a hearing within 10 days. If you fail to do so, you can request a late hearing if you send the reason why you didn't comply within 10 days. Does anyone know what reasons they will accept so I can get a hearing? I thought I had done this already (within 10 day period) apparently not. Please help I am at a loss as I know "I FORGOT" won't fly with them. Thanks