Get Legal Help from Phoenix Hardship License Lawyers
Losing your license due to an accumulation of points or convictions of DUI or OUI may arguably be the worst part of your penalty. You likely need to drive to work or school, take your children to activities, and meet other critical responsibilities. Fortunately, there are options for Arizona driver’s license reinstatement.
If your license is suspended, the DUI defense lawyers at Brandon White Law can help you navigate the reinstatement process and complete the requirements for a restricted license application, including making your case before a judge.
What Is a Restricted or Hardship License in Arizona?
Restricted licenses, otherwise known as “Cinderella licenses,” offer limited driving privileges for people who have a suspended license. According to Arizona license restriction codes, drivers may regain the right to drive to limited places during limited times.
Arizona Revised Statute § 28-1381 indicates steps you must complete after a DUI arrest to secure work licenses, including obtaining an SR22 insurance policy and serving a 90-day license suspension, installing an ignition interlock device on the vehicle, and complying with any court-ordered alcohol treatment program.
Getting a restricted license isn't the same as having your license reinstated; you may only visit children, attend school or work, or attend treatment appointments.
How Do I Qualify for an Arizona Hardship License?
Eligibility for an Arizona hardship driver's license rests on a few key criteria all applicants must fulfill. You must:
- Not have injured anyone in the events leading to your DUI charge;
- Have no prior DUI conviction in the last five years;
- Prove that not having the license presents a true hardship;
- Demonstrate that you require the license to support yourself and your family.
If you meet the above criteria, you may petition for a hardship Arizona MVD license reinstatement. These are granted for a 60-day period with travel and time restrictions limiting when you are permitted to operate the vehicle.
You must also complete an alcohol screening as part of the restricted license application process. If the results of the questions indicate that you need substance abuse treatment, you may be required to complete a program before receiving your hardship license.
- If you have only one DUI in a 7-year period, you may be eligible after 30 days of no driving;
- If you had a prior administrative per se suspension or DUI conviction within seven years, you might not be eligible;
- If you have an implied consent suspension, you may not be eligible until after 90 days of no driving.
An experienced DUI lawyer may be able to help provide guidance to you on how to apply for a restricted license on your own.
Regaining the Right to Drive Through a Restricted Permit
While a request for a restricted license only occurs when a driver specifically asks for it, the state will also issue automatic driver’s permits related to DUI cases. For many people, the MVD will automatically mail a restricted permit between 22-30 days after the suspension period starts. This gives a person the temporary right to drive once 30 days of the suspension have passed. In addition, people seeking out these permits must be able to prove that they have obtained car insurance for at least three years beyond their date of license reinstatement.
The purpose of the permit is to allow a person with a DUI conviction to take the steps necessary to work towards a full restricted license. These can include traveling to counseling sessions, going to school, or traveling to work. A Gilbert Traffic lawyer could provide more information about the restricted permit and how it differs from restricted licenses.
Where and When Can You Drive on a Restricted License in AZ?
If you're granted an AZ-restricted license, you may only drive to and from essential activities, like:
- Work or school;
- Taking your children to and from school or activities;
- Drug or alcohol treatment program centers;
- Medical appointments;
- Probation officer’s office.
If the judge places time-of-day restrictions on your license, you may only drive during those hours as well. You may not drive at night, for example, and if you need to drive to other places aside from those approved, you'll have to petition the judge for approval.
How Long Is an Arizona Restricted Drivers License?
The length of time you have a restricted license before your full driving privileges are reinstated depends on the circumstances of your initial license suspension. Minor traffic violations, for example, may result in a suspension of 60-90 days, while refusing a chemical test could result in a lengthier restriction.
More serious infractions or multiple traffic offenses may mean a restricted license of a year or more.
Restricted Driver’s License Violation Penalties
Violating the rules of your restricted license may mean the forfeiture of your driving privileges entirely. Even if your license isn’t revoked, you may face other penalties like higher rates for your SR-22 insurance policy for the next several years. And Phoenix area courts view granting a restricted license as a privilege and, therefore, are highly unlikely to give people a second chance with a restricted license if they violate the terms of a restricted license.
Hardship License & Out-of-State Drivers
If your license is issued in a state other than AZ and you’re convicted of a DUI here, you cannot apply for a hardship license. So if you’re from out of state and part of your DUI penalty is a restricted license, you’ll either have to get through your 90-day suspension without driving or petition your home state for a hardship license. Don’t be surprised, however, if your home state issues its own license revocation.
Schedule a Consultation with a Phoenix Hardship License Lawyer
Why Choose The Law Offices of Brandon White for Your Driving License Reinstatement in Gilbert?
When you need a hardship license to ensure you can take care of your responsibilities in Maricopa County, turn to the talented legal team at Brandon White Law. With one of our DUI lawyers, you benefit from:
- Years of collective experience with AZ DUI and traffic laws;
- Custom defense based on your unique situation and needs;
- Timely action on all matters related to your case;
- Honest assessment of your legal options.
We have extensive experience helping people successfully get hardship licenses after theirs were suspended or revoked.
Let a Gilbert Restricted License Attorney Help You Regain Your Ability to Drive
Allegations involving DUI cases are serious matters. In addition to any financial or criminal penalties, courts must suspend a guilty party’s driver’s license. Having a driver’s license is vital to a person’s ability to go to school, earn a living, or spend time with children. Therefore, obtaining a restricted license or permit may grant limited driving privileges while a license is still under suspension.
A Gilbert-restricted license lawyer could help you to regain the right to drive. This includes evaluating your eligibility, helping you to take the necessary steps in installing an interlock device, contacting the MVD, and submitting a formal application.
A license revocation is tricky to negotiate after a DUI, and you shouldn't navigate it yourself. Trust the Brandon White Law firm to help you apply for a hardship license. Contact our Team now to get started.
Regular Phoenix DUI or DWI
A regular DUI is considered driving with a BAC of 0.08-0.14% or driving with a controlled substance in your bloodstream.
- Undergoing a substance abuse screening assessment;
- Completing substance abuse treatment program;
- Serving 10 consecutive days in jail and payin g jail costs;
- An additional 9 days in jail will be suspended if the substance abuse program is completed;
- $250 fine plus any surcharge;
- $500 State Prison Construction and $500 State General Fund payments.