For a more current version of this Page please go to: Restricted Permits, Licenses and Special Ignition Interlock Licenses.
Hardship Work License In Arizona
A hardship work license is a restricted license during the period of suspension or revocation.
Can Someone Get A Restricted License To Move Around If Their License Is Suspended?
Yes, it depends on the type of suspension. If it is an admin per se suspension because of alcohol more than 0.08% or if it is a drug or they didn’t request a hearing within the time period of 30 days even though there are no test results, then it would be a 90 day suspension, 30 days of which would be no driving at all and the remaining 60 days to and from work on the job and for education, meaning alcohol counseling, not for doctor’s appointments; it would be for those reasons only.
To and from work or the job, and education, and also for school. That’s for a first offense admin per se suspension.
In order to get the restricted license, the person must go through screening session for possible alcohol or drug counseling, not any counseling, just a screening process. In the context of driver’s license this doesn’t makes any sense because the purpose of the screening is to determine how many hours a person has to do if in fact its guilty of DUI in court, not in the motor vehicle proceeding.
Nevertheless, the legislature has imposed the requirement to go through these screenings in order to do the restricted license. The screening process is answering a series of questions usually takes 45 minutes to do. There’s no urine test or any other test; it’s just answering the questions.
By using a particular counselor to do the screening by telephone, they don’t have to go anywhere. They just call the screener who will ask questions over the phone. After that, the screener electronically transmits the fact that the screening has been done to the MVD. Once that is done, the person is eligible for the restricted license after the 30 days of no driving.
In order to get the license fully reinstated, the person has to do the screening. If the license is suspended the person can do the screening any time.
So, first offense DUI within 7 years, restricted license after 30 days assuming they have done the screening. If they have a prior admin per se suspension or a prior Dui conviction within 7 years, then there is no restricted license, it’s a straight 90 days of no driving. They still have to do the screening ultimately to reinstate the license but no restricted license.
For an implied consent suspension for a first one within 7 years, they are eligible for a restricted license after 90 days of no driving, and again the suspension is for 1 year. They are eligible after 90 days of no driving. In order to do it, they got to do the screening.
In that case of an implied consent suspension they have to post an SR 22 certificate of insurance with the MVD and they have to install an interlock device in the remaining 9 months of the suspension. They are limited again to and from the job, the school or the counseling.
If the person has an implied consent suspension within 7 years of the current implied consent suspension, then it’s a 2 year suspension with no restricted license at all and so they are not eligible for restricted license for any event.
If the license is also revoked because of a conviction for a 2nd offense DUI, they are eligible for the restricted license after 45 days, assuming no other suspensions on the record. For example, no admin per se suspension or point suspension, then after 45 days they are eligible for a restricted license with an SR 22 and an interlock for the remaining 10 ½ months of the revocation
In case of a felony, for the remaining 2 years and a ½ months of the revocation they are eligible for the restricted license.
If the license is revoked for a first offense Dui because there is a prior Reckless Driving or Racing conviction within 7 years or then there is no restricted license during the 1 year of the revocation.
It is a tough spot to be in, particularly with the prescription medications.
Cost Associated With Obtaining A Restricted License And The Process
For a restricted license, there would be several costs. One would be the cost of doing the screening for a possible drug or alcohol counseling, which right now is about $80. An SR 22 certificate of insurance would be required under some circumstances, mainly if it’s a revocation or implied consent suspension.
It’s hard to say what and SR-22 would cost is because that really is dealt by insurance companies, that could be $10 -$20 a month.
The problem with an SR 22 is that it can lead to a cancellation of insurance because the people have to ask their insurance company for an SR 22. Once they request an SR-22 quite often they get their insurance cancelled and so they have to get new insurance. And the rates could be much higher because many insurance companies equate a suspension with a conviction even though it’s not the case and those can be much higher.
Lastly, is the cost of an interlock device which is $75 a month right now on average in Arizona. Those would be the 3 cost considerations. Firstly, the screening, secondly the SR 22 or having to get a new insurance, and thirdly the cost of having an interlock device.
Role Of An Attorney To Help Through The Process Of Obtaining A Restricted License
I refer my clients to a specific alcohol counselor to do the screening which is a lot easier to do by telephone. There’s not much an attorney will have to do with a MVD. The only time the attorney will have something to do is when there’s a problem. It’s rare but not unheard of.
For example, if the information about the screening hasn’t been accurately sent to the screener by the MVD, the persons eligible for the restricted license may not get the license reinstated after a suspension. In that case, the attorney would contact the motor vehicle and get that straightened out.
Those are basically the couple of ways an attorney would be involved. Fortunately, it is much rare than it used to be some years before where problems like these happen. So those are the only ways an attorney will get directly involved.
What A Restricted License Allows Or Not Allow
A restricted license will allow the person to drive to and from work and the job, also to and from the school as well as to any counseling appointments during the time period.
If somebody is under the age of 21 and is convicted of the charge of DUI driving with alcohol in their body, they’re subject to a 2 year suspension during which they can get a restricted license with an interlock device and an SR 22, driving to and from school or work during hours specified by the court.
That’s a fairly common scenario where someone is convicted of underage drinking or driving, that’s a 2 year suspension.
A conviction specifically for the offense of underage drinking and driving triggers the 2 years suspension. The person can have any level of alcohol which can be even a .02%, below the level which we say someone is impaired.
A person in that category under the age of 21 years can be found guilty of DUI and not the offense of underage drinking and driving then they only get a 90 day suspension versus the 2 year suspension.
In for the Underage Drinking and Driving, it’s a little bit different because the restricted license is to and from work and school during hours specified by the court. The attorney will have to get the judge to order the specific hours the person would be driving for the underage under 21 suspension. For the other types of restricted licenses, it doesn’t matter what time of night or day a person might be driving as long as they are doing it for the specified reasons to and from the work, job or from the school or to and from counseling.
If they do a violation of that or are found to do a violation, like if they get stopped by the police for some reason and the officer finds out they are driving in violation of the restricted license, that crime, driving on a suspended license, happens through a court.
If it is guilty, then the suspension is extended for another year after the end of the suspension. So if a person has a one year implied consent suspension in effect and after 6 months on the suspension they get convicted of driving on a suspended license, another year is tagged on to the end of the suspension.
So, it’s in effect another year and half on it so that’s the penalty plus their vehicle would be impounded on driving on a suspended license any ways, 30 day impound.
Those are the penalties of some of the violations of the restricted license. It’s a separate crime for which the person can go to jail up to for up to 6 months. A further suspension gets tagged to it and the time they stopped, their vehicle is impounded for 30 days.