Conditional Licensing

Conditional licenses (also referred to as limited, restricted, hardship or probationary licenses) are often granted to offenders so they can continue to drive to work or care for their family, while at the same time limiting their recreational driving. They generally restrict the driver to daylight-only driving and prohibit the consumption of any alcohol while driving. Twenty-two states require the installation of ignition interlock devices prior to conditional licensing.

In a number of states, conditional licenses are not available to hardcore drunk drivers. In states where repeat offenders may obtain conditional licenses, additional restrictions may apply, and a longer period of complete suspension may be required before the conditional license is granted. For example, Florida law says a hardship license is unavailable to people refusing to take breath tests until at least 90 days have passed and a 30 day temporary driver’s permit has expired (Impaired Driving Update 1999).

Where Is Conditional Licensing Used?

Information from the National Hardcore Drunk Driver Project Survey indicates 38 states, the District of Columbia and every American territory have some form of conditional licensing.

In Minnesota, a restricted license is issued upon license reinstatement for people with three drunk driving offenses within 10 years or four offenses on record. Prior to being reinstated, rehabilitation, including treatment and one year of abstinence, must be completed. The restricted license requires a lifetime condition of abstinence from alcohol or drugs. Failure to comply with this restriction invalidates the driver’s license.

In California, second offenders may be allowed restricted licenses following a one-year minimum suspension period at the discretion of the court. However, third offenders are not eligible for a conditional license prior to serving a minimum 18-month license revocation.

In Illinois, restricted judicial driving permits (RDP) are issued to first offenders after they provide proof of hardship circumstances and a current alcohol evaluation and after they complete the 30-day mandatory period of license suspension/revocation. Repeat and high BAC offenders may apply for an RDP after a mandatory license suspension with the installation of an ignition interlock device.

In New Mexico, conditional licensing is allowed on first offenses for education purposes, provided the driver is also enrolled in a drunk driving school and an alcohol screening program. Conditional licensing is allowed on second or subsequent offenses after 30 days if the vehicle is equipped with an ignition interlock device.

How Effective Is Conditional Licensing?

Research suggests conditional licenses are not as effective as more stringent licensing sanctions and that they work better when coupled with at least one month of total license suspension (Nichols and Ross 1990; Popkin and Wells-Parker 1994). The conditions of the licenses can be difficult to enforce. Some jurisdictions require the installation of a breath alcohol ignition interlock device on the offender’s car to help ensure compliance. The driver must blow into the device before the car can be started. If the BAC level is above the predetermined level, the vehicle will not start.

What Is the Cost Associated with Conditional Licensing?

Conditional licensing fees for offenders vary greatly from state to state, ranging from $10 in Delaware, to $125 in Michigan, to $1,000 in Massachusetts for third and fourth offenders.

Popkin, C.L., and Wells-Parker, E. 1994. A research agenda for the specific deterrence of DWI. Traffic Medicine 22: 1–14.

Nichols, J.L, and Ross, H.L. 1990. The effectiveness of legal sanctions in dealing with drinking drivers. Alcohol, Drugs and Driving 6(2): 33–60.

Impaired Driving Update. Winter 1999. Appellate court does not have authority to order department of highway safety and motor vehicles to issue hardship license. Impaired Driving Update. Kingston, NJ: Civic Research Institute, Inc.