Drivers Hardship License Law – General – Mississippi
1. Does the agency (motor vehicle/DOT) law provide for hardship licenses?
Section 63-11-30 allows for hardship licenses in DUI offense suspension. Also, §63-1-71 allows hardship reductions of suspensions of driving privileges.
2. Is an agency hearing required before a hardship license is issued?
The petition filed under the provisions of Section 63-11-30 shall contain the specific facts which the petitioner alleges to constitute a hardship and the driver’s license number of the petitioner. A hearing may be held on any petition filed under this subsection only after ten (10) days’ prior written notice to the Commissioner of Public Safety, or his designated agent, or the attorney designated to represent the state. At such hearing, the court may enter an order reducing the period of suspension.
3. Do prior offenses prevent me from obtaining a hardship license?
Hardships shall only apply to first offenses under Section 63-11-30(1), and shall not apply to second, third or subsequent convictions of any person violating subsection (1) of this section. A reduction of suspension on the basis of hardship shall not be available to any person who refused to submit to a chemical test upon the request of a law enforcement officer as provided in Section 63-11-5.
4. What are the requirements for getting a hardship license?
The circuit court having jurisdiction in the county in which the conviction was had or the circuit court of the person’s county of residence may reduce the suspension of driving privileges under Section 63-11-30(2) (a) if the denial of which would constitute a hardship on the offender, except that no court may issue such an order reducing the suspension of driving privileges under this subsection until thirty (30) days have elapsed from the effective date of the suspension. Hardships shall only apply to first offenses under Section 63-11-30(1), and shall not apply to second, third or subsequent convictions of any person violating subsection (1) of this section. A reduction of suspension on the basis of hardship shall not be available to any person who refused to submit to a chemical test upon the request of a law enforcement officer as provided in Section 63-11-5.
Under § 63-1-71, the county court or circuit court having jurisdiction, on petition, may reduce the suspension of driving privileges under this section if the denial of which would constitute a hardship on the offender. When the petition is filed, such person shall pay to the circuit clerk of the court where the petition is filed a fee of Twenty Dollars ($20.00) for each year, or portion thereof, of license revocation or suspension remaining under the original sentence, which shall be deposited into the State General Fund to the credit of a special fund hereby created in the State Treasury to be used for alcohol or drug abuse treatment and education, upon appropriation by the Legislature. This fee shall be in addition to any other court costs or fees required for the filing of petitions.
5. Can minors receive limited driving privileges?
Under § 63-11-30, any person under the age of twenty-one (21) years convicted of a second violation of subsection (1) of this section, may have the period that his driver’s license is suspended reduced if such person receives an in-depth diagnostic assessment, and as a result of such assessment is determined to be in need of treatment of his alcohol and/or drug abuse problem and successfully completes treatment of his alcohol and/or drug abuse problem at a program site certified by the Department of Mental Health. Such person shall be eligible for reinstatement of his driving privileges upon the successful completion of such treatment after a period of six (6) months after such person’s driver’s license is suspended.
