Arizona Drivers License Hardship Law


Drivers Hardship License Law – General – Arizona

1. Does the agency (motor vehicle/DOT) law provide for hardship licenses?

Yes, provided you meet the necessary requirements, a restricted driving permit can be issued to you either by mail or in any Driver License office. “Necessary requirements” would be when a breath, blood or urine test has been submitted to MVD indicating a blood alcohol level of .08 or more and: it is the first DUI within five years, and the DUI did not result in serious physical injury. when found guilty of driving without insurance. when otherwise directed by the court, if permitted by law.

2. Is an agency hearing required before a hardship license is issued?

No. 28-1385 et. seq., allowing driving privileges for person with licenses suspended for DUI offenses doesn’t require a hearing. Nor is a hearing required under A R.S. 28-3320 et seq., which provides for limited driving rights for persons 21 and under.

3. Do prior offenses prevent me from obtaining a hardship license?

Under AS 28-1385, if you have not been convicted of a violation of section 28-1381, 28-1382 or 28-1383 within eighty-four months and have not had your privilege to drive suspended pursuant to this section or section 28-1321 within eighty-four months months you are eligible.

4. What are the requirements for getting a hardship license?

Under A.R. S. 28-1385, the applicant must meet the following conditions:

1. Did not cause serious physical injury as defined in section 13-105 to another person during the course of conduct out of which the current action arose.
2. Has not been convicted of a violation of section 28-1381, 28-1382 or 28-1383 (DUI offenses) within eighty-four months months of the date of commission of the acts out of which the current action arose. The dates of commission of the acts are the determining factor in applying the eighty-four months month provision.
3. Has not had the person’s privilege to drive suspended pursuant to this section or section 28-1321 within eighty-four months months of the date of commission of the acts out of which the current action arose.

A. R. S. 28-1387 allows that after a person who is sentenced pursuant to section 28-1381, subsection I has served twenty-four consecutive hours in jail or after a person who is sentenced pursuant to section 28-1381, subsection K or section 28-1382, subsection D or F has served forty-eight consecutive hours in jail and after the court receives confirmation that the person is employed or is a student, the court may provide in the sentence that the defendant, if the defendant is employed or is a student and can continue the defendant’s employment or studies, may continue the employment or studies for not more than twelve hours a day nor more than five days a week.

The restrictions will allow driving between any of the following:

1. The person’s place of employment and residence and during specified periods of time while at employment.
2. The person’s place of residence and the person’s secondary or postsecondary school, according to the person’s employment or educational schedule.
3. The person’s place of residence and a treatment facility for scheduled appointments.
4. The person’s place of residence and the office of the person’s probation officer for scheduled appointments.

5. Can minors receive limited driving privileges?

Yes, A R.S. 28-3320 et seq. allows persons 18 and under or persons 18-20 years old to get limited driving privileges for work and school tra