A provisional license (also known as a hardship license) means the same thing. It is a license given to individuals whose driving licenses have been suspended because of careless driving or driving under the influence (DUI). Driver’s license suspensions may occur regardless of whether or not the driver is convicted of a criminal offense. If you get arrested for driving impaired, contact a DUI attorney to know if you are eligible for a hardship license and how to apply for it.
You can get a restricted driving privilege in Idaho if you are charged with DUI-related offenses. However, there are some requirements for getting a hardship license, and in this article, we will be looking at what they are, among other relevant information.
A DUI Attorney is Your First Point of Contact When Applying for a Provisional License
Transportation is fundamental to survival. So what do you do when your driver’s license has been suspended due to driving under the influence? Seek legal guidance.
Applying for a provisional license can be a stressful task. Therefore seeking legal help must be your priority. Your lawyer will examine the facts and inform you of the legality of the suspension.
If they detect any error, they will appeal the suspension to get your license reinstated. However, if the suspension follows the laid down process, the attorney will advise you on the best way to apply to get a provisional driving permit.
How Important is a Provisional License?
The state issues a provisional license, but it does not reinstate all your driving rights. Hardship licenses are conditional; as such, they are not just given to anyone. Aside from that, with a provisional license, you do not have freedom of movement; you are restricted by where you can go and at what time.
A provisional license saves you the stress of jumping on the bus to navigate your way around. Although it’s restrictive, you can get to your essential destinations daily as you would with your driver’s license.
Moreover, this conditional permit will sustain you, pending the restoration of your regular license. Only Motorists who apply and who meet all eligibility conditions are issued Restricted Driving Permits (RDP)
Who Grants Provisional License in Boise
Having your driver’s license suspended or revoked can be challenging and frustrating, especially if you have to move across places every day or have people who depend on you for their mobility.
Obtaining a provisional license from the Idaho Transportation Department or a court will not be a walk in the park, considering the gravity of a DUI-related offense. A report revealed that there were 712 deaths in Idaho from 2003 to 2012 involving drunk drivers.
There are different guidelines to follow when applying for a hardship license depending on the government arm that revoked your permit. We discuss them below.
Suspension by the Idaho Transportation Department
If the license suspension was given by the Idaho Transportation Department, you may apply for a restricted permit through the division in Boise.
Suspension by Court
If the court gave the license suspension, apply for restricted driving privileges at the same court.
Suspension by Out-of-State Court
As a licensed Idaho driver, if you were convicted in an out-of-state court, you must apply to the Idaho Transportation Department in Boise. A restricted driver’s permit issued by the Idaho Transportation Department or the court does not cover commercial motor vehicle (CMV) operation.
Conditions for Requesting Restricted Driving Privileges Under the Drivers Provisional License Law
Below are the conditions guiding the request for a provisional license.
Subsection 18-8001
Motorists with a suspended driver’s license may request restricted driving privileges. For approval, the motorist must prove that the provisional license is essential for his family’s health necessities, work, or education. Finally, they must show that without a means of driving, these aspects of their life will suffer hardship.
Subsection 18-1502
If you are an underage driver with a suspended license, you must show enough ‘suitable’ evidence to establish that a driver’s permit is necessary for you to get to school.
Subsection 49-307A
Under this law, minors between the ages of 14 and 16 years may also be eligible for driving privileges if they prove that it is solely ‘for school purposes.’
Subsection 49-325
Here, the law states that drivers can request a hardship license if they have a mandatory revocation from the Idaho Transportation Department.
Conditions for the Release of Driver’s License at the End of Suspension
The following are the conditions for releasing a driver’s license after a suspension:
Payment of Reinstatement Fee
At the end of your license suspension or revocation, apply to the Idaho Transportation Department in Boise to collect your license. You will pay a reinstatement fee of $15.00 to $180.00, based on the nature of the suspension.
Provision of an SR-22 Certificate
Suppose the driver’s license was revoked for severe reasons such as DUI-related offenses or careless driving. The motorist must provide a three-year financial responsibility proof of capacity to bear the financial burden resulting from any crash.
This proof is usually a certified statement of liability insurance coverage given by the insurer (an SR-22 certificate).
Reasons Your Request for a Provisional License May Get Denied
Again, it is best to get professional legal help when applying for a hardship license. But even with legal representation, some factors may hinder your provisional license issuance.
A driver’s request for a hardship license will get rejected if they:
- Have a sentence for failure to pay a judgment.
- Failed to uphold proof of financial obligation.
- Left the scene of a crash causing injury or death.
- Are Less than 18 years and have no satisfactory evidence of being registered in school.
- Are less than 17 years and convicted of involvement in a moving traffic offense.
- Allowed illegal or deceitful use of a driving license.
- Are incompetent to drive.
If you disobey any of the hardship license guidelines, you risk:
- More fines.
- Completely losing your driving privileges.
- Spending extra suspension time with an ignition interlock device (IID).
- A possible jail term.
Need Professional Legal Help? Talk to a DUI Attorney
Has your driver’s license been suspended for driving under the influence in Idaho? Don’t delay any longer; instead talk to criminal defense lawyers. The struggles and frustrations preventing your movement, coupled with the processes of applying for a provisional license, can be weighty. But thankfully, professional criminal defense lawyers can explain how the law applies to your case and advise on the best course of action. Book a free case review today.