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Hardship license

In Arkansas, Nebraska and Michigan, statutes on suspending or revoking driving privileges refer to restricted privileges by different names. Arkansas's refusal statute names an ignition interlock restricted license and a restricted driving permit. Nebraska's revocation statutes name an ignition interlock permit, whose holder shall only operate a vehicle equipped with an ignition interlock device. Michigan's refusal statute refers to a court ordering the issuance of a restricted license.

In Arkansas, Nebraska and Michigan, statutes that suspend or revoke driving privileges also refer to restricted driving privileges, each under its own name. This page describes the statutes of the named states.

How does Arkansas describe restricted privileges?

In Arkansas, the statute directs the Office of Driver Services to suspend or revoke the driving privilege of an arrested person who refuses to submit to a chemical test. For a refusal of a breath, saliva or urine test, the statute provides that the office may issue an ignition interlock restricted license immediately, but only to a person arrested for a first offense under that section and only when the person was arrested for operating or being in actual physical control of a motor vehicle or motorboat while intoxicated by the ingestion of alcohol.

In Arkansas, the same statute states that the restricted driving permit provision of a separate section does not apply to a suspension for a first offense under the refusal section.

How does Nebraska describe restricted privileges?

In Nebraska, an arresting peace officer who submits a sworn report and serves notice of revocation must also provide information prepared and approved by the director describing how to request an administrative license revocation hearing or apply for an ignition interlock permit or a permit tied to a sobriety program. Where test results were not available while the person was in custody and the director serves the notice by mail, the director provides information on requesting a hearing and an application for an ignition interlock permit.

In Nebraska, a person operating a motor vehicle under an ignition interlock permit shall only operate a motor vehicle equipped with an ignition interlock device, and the permits shall indicate that they are not valid for the operation of any commercial motor vehicle.

How does Michigan describe a restricted license?

In Michigan, the chemical-test refusal statute directs the secretary of state to impose license sanctions and allows a person who requested a hearing and did not prevail to petition the circuit court of the county where the arrest was made to review the suspension or denial. In its provisions on the record sent to that court, the statute provides that proceedings at which evidence was presented need not be transcribed and transmitted if the sole reason for review is to determine whether the court will order the issuance of a restricted license.

The figures for your state

Deadlines, limits and penalty ranges are set by each state’s statutes, so this page does not state them. Each state page shows them with the official source and the date they were verified — or says plainly that a figure has not been confirmed yet.

Common questions

What does Arkansas's refusal statute say about an ignition interlock restricted license?

Arkansas's refusal statute provides that the Office of Driver Services may issue an ignition interlock restricted license immediately, but only to a person arrested for a first offense under that section and only when the arrest was for operating or being in actual physical control of a motor vehicle or motorboat while intoxicated by the ingestion of alcohol.

What vehicles does a Nebraska ignition interlock permit cover?

In Nebraska, a person operating under an ignition interlock permit shall only operate a motor vehicle equipped with an ignition interlock device, and the permits shall indicate that they are not valid for the operation of any commercial motor vehicle.

Where does a restricted license appear in Michigan's refusal statute?

In Michigan, the refusal statute mentions a restricted license in its provisions on circuit court review: proceedings at which evidence was presented need not be transcribed and transmitted if the sole reason for review is to determine whether the court will order the issuance of a restricted license.

Sources

These sources are cited for the jurisdiction and scope identified on this page. They do not establish the law of another state.

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