Hardship Licenses In Rhode Island

Getting a DUI in Rhode Island used to mean you lost your right to drive without any ability to seek a hardship license. This is no longer true. The State of Rhode Island now allows certain individuals convicted of   Driving Under the Influence/drunk driving  or   Refusal to Submit to a Chemical Test  the ability to seek a hardship license.  This requires a hearing where a judge may allow you to drive for a twelve (12) hour period for work or other purposes provided by law. The hardship license also requires the installation of ignition interlock device.   

The Conditional Hardship License

A Judge may grant a conditional hardship license to individuals who plead guilty to, or are convicted of, DUI or Refusal to Submit to a Chemical Test. A conditional hardship license requires a hearing to prove eligibility, and if the Court grants the hardship license the individual can drive for a twelve (12) hour period each day to meet one of the following needs:

• Work
• Medical appointments
• Therapy appointments
• Job training
• School
• Another reason the Judge deems valid

Eligibility for a Conditional Hardship License

Conditional hardship licenses are only available to individuals charged with a first or second DUI or a first chemical test refusal offense.  The individual must be employed, must install an ignition interlock device, and present proof of both at a hearing to receive a conditional hardship license.

Ignition Interlock Device

Like a breathalyzer, an ignition interlock measures alcohol in a person’s system. If that amount exceeds a pre-programmed level, then the interlock temporarily locks the vehicle’s ignition. To take the test, the driver simply blows into the device. If the sample is good, the vehicle will start as usual. If alcohol is detected, the vehicle will not start.

Hearing for a Conditional Hardship License

If you are eligible for a conditional hardship license, the Judge may require a hearing before granting the relief.  Typically, you will be required to inform the court of your employment status, hours of employment, and hardship that will be suffered without a conditional license. Most importantly, the decision to grant a conditional hardship license lies solely within the Judge’s discretion. 

Once You’re Granted the Conditional Hardship License

After the Judge grants your request for a conditional hardship license, you must bring the following to the Rhode Island Department of Motor Vehicles: (1) the court order granting the conditional hardship license, (2) proof of an SR-22 insurance policy (which is an insurance bond separate from your liability insurance); and, (3) proof of ignition interlock device installation.  At that point, the DMV will issue you a new license with an endorsement allowing you to drive to and from work or for any other reason allowed by the Court.

Lifting The Hardship Conditions

After the term of your hardship license expires, you can return to the DMV to have your hardship restrictions lifted. However, it is important to note that you may still have to keep your ignition interlock device in place depending on the Court’s order.  

Since a conditional hardship license requires a court hearing at which proper proof must be presented to a Judge, it is a good idea to consult with a lawyer who is familiar with how these cases are handled. This will give you a better chance of achieving the most favorable outcome under the unique circumstances of your case. Contact us at Keough + Sweeney to discuss your options 401-724-3600.