Those with current cases pending or whose license is suspended or revoked in another state are ineligible for hardship relief or reinstatement, unless the suspension or revocation has been for over one year. Restricted Driving Permits limit the operation of a motor vehicle to certain days, hours, areas and purposes of operation. The SOS must weigh its statutory duty to protect the public safety and welfare and the degree of hardship suffered by the petitioner as a result of lost driving privileges. Hardship will not support a petition for relief without the additional finding that the petitioner is not a risk to public safety. Petitioner must also demonstrate an undue hardship to obtain an RDP, i.e. a client must show that no form of public or private transportation is available to him or her at the time needed for traveling to and from a job, a treatment center or clinic or school.
Undue hardship is very restrictive.
If a petitioner can get to work by any other means-bike, train, cab, ride or walk the SOS will usually find no undue hardship. At the time of hearing the petitioner must be employed and offer a letter from the employer stating the days and times of the client's job and that no alternative means of transportation exist or are impractical. Petitioners are eligible for hardship relief immediately upon revocation or suspension except when the client is under 21 and revoked for DUI or who has a safety responsibility, financial responsibility, unsatisfied judgment or failure to appear in court suspension. Those who are eligible for reinstatement after their supervision must pay a reinstatement fee and receive written notice from the SOS that their driving privileges have been reinstated. Even if they have their driver's license in hand, they cannot drive without the reinstatement letter.