RESTRICTED DRIVER'S LICENSE

A restricted driver's license allows you to continue driving, but can range from very minimal to more strict guidelines. For example, some restrictions include:

• Requiring a corrective lens
• Restricting the times you are permitted to drive
• Restricting the places you are allowed to drive to, such as work or sschool

For more helpful information on your driver's license, read What every driver must know. Restrictions might be placed on your driver's license as a result of an incident, or they may be conditions of driving that are granted when someone with a suspended or revoked license petitions for the ability to drive.

DO NOT MAKE THE MISTAKE OF DRIVING WHILE YOUR LICENSE IS SUSPENDED. ALTHOUGH THERE ARE LIMITED EMERGENCY SITUATIONS WHERE YOU MIGHT BE FORCED TO DRIVE, MOST SCENARIOS DO NOT JUSTIFY DRIVING WITH A SUSPENDED LICENSE. YOU CANNOT KNOW WITH CERTAINTY WHETHER YOUR LICENSE IS FREE FROM SUSPENSION UNTIL THE STATE ITSELF PUTS IT IN WRITING.

For a suspended license, there usually is a certain time that will eventually expire. However, a reinstatement fee must be paid before your license is valid. Some suspensions are not for a definite period of time, such as when a medical condition does not have a predictable endpoint. In those cases, it is the State or a Court that will determine whether the license will be restored with any possible restrictions.

1-800-NOT-GUILTY

Application for Driver's License Reinstatement

DRIVER'S LICENSE ASSESSMENT DIVISION

Crucial to a hearing before the Driver's License Assessment Division, or DLAD, is the completion of a substance abuse evaluation. Before consulting with an attorney, it would be helpful to generate a list of people who could provide useful information:

• immediate family and other relatives
• mentors in groups such as Alcoholics Anonymous and Narcotics Anonymous
• members of your community that know you and your habits
• pastors, employers, and other supervisory figures

Those listed above will then provide insight into your evaluation. Your substance abuse evaluation has to be completed less than 90 days before receipt by the State. That means that after getting an evaluation, you must initiate your request for an appeal hearing.

You will need at least three letters from the references above including the following:

• their relationship to you
• the length of the relationship
• their knowledge of your past and present use of alcohol/substances
• their knowledge of your past and current treatment.
  any other relevant information
  

You will also need to provide:

• copies of any Alcoholics Anonymous sign in sheets, sponsor names, etc.
• copy of Ignition Interlock Report, if applicable
• lab report from 10-panel urinalysis drug screen

Driver's License Appeal Practice Manual

There is a presumption against you at DLAD hearings that you must overcome. One factor that is mandatory is that you stay free from any further arrests or traffic violations involving your driving. It is difficult to attest to you motivation to drive safely and follow all traffic laws when there is a pending or recent Driving While License Suspended charge against you. This takes away from focusing on the positive aspects that you can show about your dedication.

The administrative rule setting the standard for the issuance of your license is as follows:

R 257.313 Standards for issuance of license.

Rule 13

(1) With respect to an appeal hearing that involves a review of a determination of the department which results in a denial or revocation pursuant to the provisions of section 303(1)(d) or (e) or (2)(c), (d), or
(e) of the act, all of the following provisions apply:

(a) The hearing officer shall not order that a license be issued to the petitioner unless the petitioner rebuts the presumption established by section 303 of the act by clear and convincing evidence. Evidence relevant
to such a rebuttal includes any of the following:

(i) That the petitioner's alcohol or substance abuse problems, if any, are
under control and likely to remain under control.
(ii) That the petitioner represents a low or minimal risk of repeating his or her past abusive behaviors.
(iii) That the petitioner represents a low or minimal risk of repeating the act of operating a motor vehicle while impaired by, or under the influence
of, alcohol or controlled substances or a combination of alcohol and a controlled substance.
(iv) That the petitioner has the ability and motivation to drive safely and
within the law.
(v) Such other showings as are relevant to the issues identified in paragraphs (i) to (iv) of this subdivision.

(b) Before ordering that a license be issued to the petitioner, the hearing officer shall require that the petitioner prove, by clear and convincing evidence, that he or she has completely abstained from the use of alcohol and controlled substances, except for those controlled substances prescribed by a licensed health care professional, for not less than 6 consecutive months, unless the evidence considered at the hearing establishes that a longer period of abstinence is necessary. Such evidence includes any of the following:

(i) That the petitioner has ever submitted to a chemical test that revealed a blood alcohol content of 0.20% or more by weight of alcohol. (ii) That the petitioner has 3 or more convictions of alcohol or controlled substance-related offenses.
(iii) That the petitioner has attempted to bring his or her alcohol or controlled substance abuse problems, if any, under control, but suffered
relapses.
(iv) That an alcohol or substance abuse evaluation of the petitioner reveals a diagnosis of alcohol or controlled substance abuse or dependency.
(v) Such other showings as are relevant to the issues identified in paragraphs (i) to (iv) of this subdivision.

(c) If the hearing officer determines, pursuant to the provisions of subdivision (b) of this subrule, that the petitioner must prove a period of
complete abstinence longer than 6 months, the reasons for that determination shall be explained in the written order issued by the hearing officer.

(d) The hearing officer may require that the petitioner present evidence from not less than 3 independent sources to corroborate the petitioner's
contentions of abstinence.

(e) The hearing officer may require that the petitioner submit a current alcohol or substance abuse evaluation on a form prescribed by the department.

(f) The petitioner may submit any or all of the following:

(i) Letters from other persons that document his or her sobriety.
(ii) Proof of his or her involvement with a treatment program or programs.
(iii) Proof of his or her attendance at support group meetings.
(iv) Other relevant evidence.

(2) If a petitioner's application for a license has been denied, or if his or her license has been revoked, pursuant to the provisions of section 303(1)(h) or (i) or (2)(a) or (b) or 320(2) of the act, the hearing officer shall not order that a license be issued to the petitioner unless the petitioner rebuts the presumption established by section 303 of the act by clear and convincing evidence. Evidence relevant to such a rebuttal includes both of the following:

(a) That the petitioner has the ability and motivation to drive safely and within the law.

(b) Such other showings as are relevant to the issue identified in subdivision (a) of this subrule.

(3) If a person's license has been revoked pursuant to the provisions of section 320(2) of the act, the bureau of driver improvement of the department shall not recommend that a license be issued to the person unless the person establishes both of the following:

(a) That the person has the ability and motivation to drive safely and within the law.

(b) Such other showings as are relevant to the issue identified in subdivision (a) of this subrule.