Many people who applied for and were awarded an Ignition Interlock License (IIL) recently received a letter informing them that their Restricted License has been revoked because they are no longer qualified. When you have done nothing to warrant a letter from the Department of Labor, and you have terms of release or probation that require you to have a valid driver’s license or face prison time, this letter can be terrifying.
Let’s find out more and see how you can reverse this situation with help from an Asheville DUI attorney.
What is a Restricted License in North Carolina
You can get a hardship/restricted license to allow you to drive to and from school or work if your driver’s license was revoked due to a DUI or any other traffic violation.
The majority of people depend on their automobiles for transportation. Whether for a DUI offense or for collecting so many traffic violation points, a suspended license is at the very least inconvenient. For many drivers, not getting a license may mean losing their career, failing to graduate from college, or being unable to transport their children to and from school.
But don’t go ahead and buy a bus pass just yet. A “limited” or “hardship” license might be available to you. A restricted license allows a driver to travel to and from specific locations while their license is suspended.
Who’s Eligible for a Restricted License?
Every state is unique. However, a driver’s eligibility for a restricted license is usually determined by the reason for the revocation, the motorist’s driving record, and the type of license. Drivers that have had their license revoked for serious driving violations such as vehicular manslaughter, hit-and-run, or reckless driving, for example, are not eligible for restricted licenses in some jurisdictions. Other states allow a restricted license for the first suspension but not the second. In most cases, a hardship license would not allow you to drive commercially again.
In some instances, a driver can only get a hardship license after serving a “hard-suspension” time. The person cannot drive at all during the hard suspension time, which is usually 30 days. For DUI-related suspensions and revocations, hard-suspension periods are popular.
How Do You Obtain a Restricted License?
The procedures for obtaining a restricted license differ from state to state. The DMV usually is where the application is submitted. However, obtaining a restricted license isn’t always straightforward: It’s generally up to the driver to show that they are qualified and that not getting a license will cause them significant hardship. This could entail demonstrating a compelling reason—such as a need for work, education, or medical treatment—and persuading the DMV that public transportation isn’t a choice.
States are also known to levy a limited license fee. Additionally, before obtaining a hardship license, the motorist may be required to mount an ignition interlock system (IID) in the car for suspensions due to driving under the influence.
What Can You Do if Your Restricted License is Cancelled with no Reason?
When an individual applies for an IIL, the system mistakenly believes they apply for a Restricted License. This is because both an IIL and an Occupational License (ORL) fall into the category of “Restricted License,” and the system accepts the license when you apply. The Department of Labor’s system accomplishes this by reviewing your file and determining the reason for termination.
You are attempting to overturn (DoL action or Criminal Conviction Arising from DUI Arrest vs. a Suspension for Reckless Driving Conviction Unrelated to DUI Arrest). As it is an alcohol-related case, the first is given an IIL Restricted License. Whereas a true Reckless Driving conviction is given an “Occupational” Restricted License, the suspension from Reckless Driving is not reduced from a DUI. This license entitles the holder to drive only during certain hours and for specific purposes.
As a result, an individual applies for and is accepted for the IIL, unaware that the DoL system has left an application open for the other form of Restricted License — the ORL. The IIL is released, but since the application is for both forms, the Occupational application becomes inactive, the time limit for issuance expires, and the system sends out the letter. Worse, the letter does not specify that the ORL application has been rejected or canceled; instead, it uses generic language that refers to THE RESTRICTED license.
To put it another way, when you apply for the IIL, you have no idea that the license you receive is dependent on several factors: A DoL administrative action/suspension results in an IIL, not an Occupational, and Reckless Driving Amended From DUI necessitates an IIL, but if the Reckless Driving is not related to DUI, you will receive an Occupational.
So, with this context, an individual applies, receives their IIL. Everything seems to be fine until one day, about 30 to 45 days after receiving their IIL. The system determines that it needs to inform the driver that their application for the license they didn’t want and didn’t realize they applied for has been canceled or rejected.
As a result of all of this, the letter the DOL sends you isn’t for your new IIL; instead, it’s for a license you didn’t even know you applied for.
As annoying as it is, as much time as they waste answering this issue, they don’t want to address it because it takes too much time, according to them. If you receive this letter, my recommendation is to first check your license status through your DoL Portal / Account to assess your current situation. You’ll probably be able to exhale a sigh of relief when you see that the IIL is still intact.
If you are having issues with your restricted license being revoked, contact us, and we will help you resolve the issue. If you are unsure where to start, call us for your free consultation, and our professional team will help you navigate the process.