A driver whose license has been suspended or revoked following arrest for a DUI/DWI charge may sometimes apply for an occupational or restricted driver’s license to perform essential life functions until the driver is able to seek to have their driver’s license reinstated. This temporary and limited driver’s license is known by a number of names, including an occupational license, a restricted license, an essential need license, a hardship license, or a limited driving privilege (LDP) license.

Laws regarding the availability and use of such restricted licenses vary from state to state but generally allow the driver to drive to and from (1) work; (2) school, college, or university; (3) places the driver must visit to maintain the household, including the grocery store or market, pharmacy, laundromat, and gas station; (4) church or place of worship; (5) medical appointments; and (6) court-ordered alcohol treatment and rehabilitation programs. Driving to visit family or friends or to attend social events is not permitted on a restricted license.

A person applying for an occupational or restricted driver’s license will be required to pay application fees to the department of motor vehicles and will often be required to submit an SR-22 proof of insurance form (see the related subtopic).

Laws regarding the availability and use of restricted licenses following a DUI/DWI arrest are generally located in a state’s statutes—often in the vehicle code, motor vehicle code, or transportation code.

In New Jersey, individuals whose driver's licenses have been suspended or revoked due to a DUI/DWI charge do not have the option to apply for an occupational or restricted driver's license. New Jersey law does not provide for hardship or restricted licenses that would allow a person to drive for essential purposes during the period of suspension or revocation. Instead, individuals in New Jersey must serve the full period of suspension or revocation without any conditional driving privileges. After the suspension period, individuals must follow the proper procedures to have their driver's license reinstated, which may include paying fines, attending alcohol education programs, and providing proof of insurance. It is important for individuals facing DUI/DWI charges in New Jersey to consult with an attorney to understand their rights and obligations under state law and to explore any potential avenues for mitigating the consequences of their charges.