Criminal Law

DUI “Hardship” and “Restricted” Licenses: Limitations and Eligibility

With a DUI license suspension, you’re often able to get a “restricted” or “hardship” license for driving to and from certain places.
By John McCurley, Attorney · University of San Francisco School of Law
Updated: Apr 2nd, 2019
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If you get a DUI, chances are the court or Department of Motor Vehicles (DMV) will suspend your license. Suspensions typically range from six months to several years, depending on the circumstances. For many drivers, not being able to drive means it’s a real hassle to get to places like work and school. But don’t stress out just yet. Most drivers whose licenses are suspended can get a “hardship” license (also called a “restricted” or “Cinderella” license) for driving to and from certain places.



What Are the Conditions of Hardship Licenses?

Only certain places. Generally, a hardship license is for driving only to and from places like work, school, substance abuse treatment, and medical appointments. (Florida also allows motorists to drive to church with a hardship license.) In some states, including Oregon, the DMV even specifies which routes the driver can take when driving to and from permitted places.

Time restrictions. Time restrictions are also common with hardship licenses. In Massachusetts, for instance, a hardship license permits the motorist to drive only during the same 12-hour period each day. The Massachusetts Registry of Motor Vehicles specifies which 12-hour period based on the driver’s needs.

In other states, like Louisiana, the DMV has more flexibility in choosing the hours the licensee is allowed to drive. For example, the DMV might permit one motorist to drive only between the hours of 4 and 8 p.m. and another to drive all day long. It just depends on the circumstances.

Who’s Eligible for a Hardship License?

Hard suspensions. Most states require drivers to complete a “hard-suspension” period before being eligible for a hardship license. During the hard suspension, the motorist can’t drive at all.

Like many other states, California has a 30-day hard-suspension period for standard first DUIs. Massachusetts drivers, on the other hand, have to complete three months of hard suspension before they’re allowed to get a hardship permit.

Typically, hard-suspension periods are longer for repeated offenses and cases where the driver refused to submit to chemical testing in violation of implied consent laws.

Ignition Interlock Devices (IIDs). Many states, including Oregon, require all drivers with hardship licenses to install ignition interlock devices (IIDs) on their vehicles. An IID is essentially a breathalyzer that’s attached to the car’s ignition system. With an IID installed, the car won’t start unless someone blows into a tube with an alcohol-free breath.

About the Author

John McCurley Attorney · University of San Francisco School of Law

John McCurley started writing criminal law articles for Nolo as a freelancer in 2015. He joined the Nolo staff as a Legal Editor in 2016.  

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