What You Need to Know About Hardship or Restricted License

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Driving is a necessity and most people depend on their vehicles for transportation. If you get arrested for DUI, one of the penalties you’ll face is a suspension of your license. This is a serious thing that will affect your life. The inability to drive could lead you to lose your job, being unable to go to college or take your children to school.

Don’t let this put you in despair, there is always a solution for everything. You might be eligible to get a hardship license that will help you drive to and from places like work or school. If you are in such a situation, the best thing is to consult a DUI attorney in Oregon.

Let’s see what you need to know about getting a hardship license.

What Can You Do With a Restricted License?

If you get a restricted license it doesn’t mean that it’ll restore all your driving privileges. These licenses have conditions that specify when or where you can drive. Laws vary from state to state, but in general, a restricted license would allow you to drive to and from work, school, alcohol treatment programs, and medical appointments. In most states, parents with restricted licenses are allowed to drive kids to school and go to other important appointments. Additionally, the restricted license may have time limitations such as driving during the daytime or at certain times.

Are You Eligible for a Restricted License?

This varies in every state, but generally, your eligibility for a restricted license depends on the reason for the suspension, your driving record, and the type of your driver’s license. Some states forbid restricted licenses for drivers who had their license suspended for serious driving offenses such as hit-and-run, reckless driving, and vehicular homicide. some states permit a restricted license for a first but not a subsequent suspension. A hardship license won’t restore commercial driving privileges.

Hard Suspensions

In some cases, the driver may be eligible for a hardship license only after finishing a “hard-suspension” period. During this period (usually lasts for thirty days) the person can’t drive at all. Hard-suspension periods are common for DUI suspensions and revocations.

How Do You Get a Restricted License?

Getting a restricted driving license depends mainly on the conditions in your state. The application process is through the DMV. In some cases, the issuance of a restricted license won’t be automatic. You’ll have to prove eligibility and that not having a license would be a real hardship. You might have to show a valid reason like work, school, or medical necessity and convince the DMV that public transportation isn’t a viable option.

Oregon Suspended Licenses and Hardships

When you get arrested and have your license suspended you will be given an implied consent form (this will serve as your temporary license for thirty days).

After thirty days after your DUI arrest and once the temporary license expires, the statutory day license will start. In the first thirty days of the suspension, you won’t be able to get a hardship permit and you won’t be allowed to drive.

Once these thirty days pass, you can apply for a hardship permit which will allow you to drive to and from work and to treatment and counseling sessions. However, this doesn’t mean you will have to drive to school or daycare. This permit is automatically granted assuming you don’t have other open cases, unpaid tickets, suspensions, or holds in your or any other state.

What do You Need to Get the Hardship License?

You’ll have to fill out an application, complete the SR 22 filing with your insurers and wait for thirty days. Then you’ll have to submit all of these with a copy of your driving record with your check for $125 (to the DMV).

Once the ninety days period ends (120 days after arrest) assuming you don’t have other notable issues, you can go back to the DMV, pay a reinstatement fee of $75.00 and have your license returned to the level it was before the arrest. Keep in mind that you’ll remain suspended until the reinstatement fee is paid.

If you believe that this is too complicated, it’s best to consult with a skilled DUI attorney. They will advise you on the next steps and help you file everything so you can apply for your hardship license.

Our lawyers at Trilogy Law have experience with such cases and are here to offer you a free case review.


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