| Hardship Driver's Licenses |
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by: Louisiana Employment Task Force
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| Q. | What is a hardship driver's license? |
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| A. | A hardship driver's license is a restricted license issued by the Office of Motor Vehicles (Department of Public Safety) to someone whose driving privileges are under suspension. This type of license allows you to drive during the suspension for the purpose of earning a livelihood, for medical hardship, or for the necessities of life. A hardship license can only be issued for a Class D (chauffeur) or E (personal vehicle) license. |
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| Q. | I have a suspended commercial license. Can I get a hardship driver's license to operate a commercial vehicle? |
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| A. | No. You can't get a hardship license to operate a commercial motor vehicle (Class A, B, or C). But, you may be able to downgrade a Class A, B, or C operator's license to a Class D or E and, then, you may apply for a hardship license.
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| Q. | My license has been suspended for nonpayment of child support, but I need to get to work. Can I still get a hardship license? |
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| A. | Maybe. You may be able to get a hardship driver's license to travel to and from your job during specific time periods but only if
You will need (1) a letter from the Department of Social Services recommending that you get a hardship license, and (2) a $60.00 reinstatement fee plus the cost of the license.
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| Q. | My license was suspended for driving while intoxicated, but I need to get to work. Can I get a hardship license? |
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| A. | Maybe. You may have to have an ignition interlock device installed in your car for a restricted driver's license after:
(1) a first- or second-offense DWI conviction;
(2) driving under suspension if the suspension resulted from a first- or second-offense DWI conviction;
(3) your refusal to submit to blood alcohol testing when arrested for a first- or second-offense DWI, or
(4) if you had a blood alcohol test and the test results showed more than 0.08 grams of alcohol or less than 0.08 grams but you were nevertheless convicted of first- or second-offense DWI. |
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| Q. | Tell me more about this ignition interlock device. |
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| A. | It's an alcohol breath screening machine connected to the engine's ignition system. Your vehicle won't start if it detects a blood alcohol level above a preset limit. It's a crime to tamper with or circumvent these devices. An interlock hardship driver's license is restricted to driving to and from work. |
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| Q. | I have two vehicles, and one doesn't have the interlock device. Can I drive the one without the interlock? |
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| A. | No. You can only drive the vehicle with the interlock device. |
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| Q. | I drive a company car when I'm on the job. Do I have to have an interlock device for that vehicle, too? |
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| A. | No. You may drive your employer's car in the course of your job without an interlock device. But, before you can do that, your employer has to send DPS/OMV a letter that he knows that you are otherwise restricted to driving with an interlocking device. If you don't drive your employer's car, you don't need that letter. |
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| Q. | I'm self-employed and under driving suspension for DWI. What happens in that situation? |
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| A. | If you're self-employed or you own the company, the interlock device must be installed in the company vehicle in order for you to drive it. But, an interlock device cannot be installed in a commercial vehicle just to get a hardship license. |
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| Q. | Do I need any kind of paperwork in addition to this interlock machine? |
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| A. | Yes. You will need:
(1) A written request for the interlock to DPS;
(2) A certificate of installation of the interlock;
(3) A copy of the lease agreement for the interlock;
(4) An SR-22 or SR-22 binder;
(5) To pay all reinstatement and license fees, and
(6) A letter from your employer (if you're driving a company vehicle) stating that the employer is aware of the interlock device. |
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| Q. | I've dealt with DPS for months, and they keep denying me. Can I take this to court? |
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| A. | Yes, but you first should consult a lawyer experienced in this area. The law is technical, and you could make a mistake that would harm your case. If you can't afford a lawyer, contact your local Legal Services office.
If you haven't been suspended more than once for DWI, you may file a petition in the district court of the parish where you live alleging that revocation of your driving privileges will deprive you or your family of the necessities of life, will prevent you from earning a livelihood or will prevent you from getting proper medical treatment if you're disabled.
The court will set the case for a hearing after ten days' written notice to DPS/OMV. The hearing is to decide if you really have hardship. If the judge finds that you need a license for the necessities of life or to get proper medical treatment, the judge may order a restricted license to let you to continue to support your family or to get any necessary medical treatment |
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| Q. | I realize this is a restricted license, but what kinds of restrictions are we talking about? |
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| A. | By law, the restrictions have to include the following:
(a) You can drive only on such streets as would enable you to earn your livelihood or for the treatment of your debilitative condition;
(b) Your driving is restricted to such times during which you are involved in earning a living or for treatment of your debilitative condition;
(c) If earning your living or getting necessary medical treatment will require a change in any of the court's restrictions during the period of your suspension, you have to go back to court to get those restrictions changed.
(d) Any other restrictions that the court determines to be necessary and proper. |
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| Q. | If I win a hardship license, may I drive to and from AA/NA meetings? |
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| A. | Maybe. The judge can order that your restricted license include permission to drive to and from meetings of Alcoholics Anonymous and to drive to and from approved group therapy or special education courses for or about the disease of alcoholism, alcohol abuse or drug abuse in a suitable public or private institution or program approved by the appropriate state authority.
Before the judge orders this, the judge may require a medical evaluation, a doctor's recommendation that you are pathologically addicted to alcohol or other drug, and require that you submit to medical treatment and/or medically approved group therapy or special education courses for or about the disease of alcoholism, alcohol abuse or drug abuse in a suitable public or private institution or program approved by the appropriate state authority. |
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| Q. | Do I have to carry any paperwork in my car? |
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| A. | Yes. A copy of the order with the restrictions must be attached to your license and must be in your possession whenever you drive. It's a good idea to keep a certified copy of the order in your glove box along with your proof of insurance and certificate of registration. The clerk of court will certify your copy for a small fee. DPS/OMV will issue you a restricted license with a big red R printed on the front. |
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| Q. | Will I have to pay court costs in a hardship license case even if I won? |
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| A. | Maybe. Usually, the losing party must pay the court costs, but remember that you're suing a state agency. Under the law, the court may hold the state liable for court costs, but the state agency doesn't have to pay any such costs until the judgment becomes final and the funds have been appropriated by the Legislature in a specific dollar amount. |
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