Hardship License in Rhode Island

If you have been charged with Driving Under the Influence (DUI) or you refused to do a Chemical Test, in addition to the fines, community service and the potential of having a criminal record, your license may be suspended. However, there still may be a way for you to drive under a hardship license. The Rhode Island Traffic Tribunal  or District Court may allow you to drive even though your license has been suspended. If you meet certain criteria, a judge can order a hardship license for you. If the judge approves it, you will be able to drive only under certain conditions. At Ellison Law LLC we believe that the more knowledge you have, the more power you will hold to make better and more responsible choices. This post is intended to help provide information to you about hardship licenses in Rhode Island.

What is a Hardship License in Rhode Island?

A Hardship License is a special license granted to individuals who have their license suspended due to a DUI or Refusal to Submit to a Chemical Test and it grants twelve (12) continuous hours (per day) to drive in a vehicle. It won’t allow you to freely drive though: a Judge or Magistrate will dictate where you can drive to and from. Most of the time you may be allowed to drive for employment, medical appointments, job training, schooling or religious purposes. Any other purpose needs to be approved by the court.

This means that a Hardship License is only obtainable with a DUI and/or Refusal to Submit to a Chemical Test charge. It does not cover any other type of driving license suspension. You will have to work with your attorney to prove that the license suspension will cause hardship, i.e.: severe suffering or privation to your household due to the suspension.

One of the first things that you need to do when you are seeking an approval for a hardship is having an ignition interlock system installed in your vehicle.

What is an Ignition Interlock System?

An Ignition Interlock Device (IID), also known as a Breath Alcohol Ignition Interlock Device (BAIID), is a small device that is directly connected to the ignition of your vehicle. In order to start the vehicle you have to breathe air into a tube that is connected to the device. This device will measure the alcohol content in your breath and if it detects alcohol, the vehicle won’t start. Once you successfully start the car the device will periodically go off and you will need to do additional test samples while the car is on.

What happens if you fail the Ignition Interlock System in Rhode Island?

Anytime that you fail the test due to having alcohol in your system, the car either won’t turn on or will turn off if you were already driving. The device will be in temporary lockout and a report will be sent to the Rhode Island Division of Motor Vehicles (RI DMV). You will have to go back to the company that installed the device and have them unlock it and a government official may contact you about this violation.

What happens if you violate the order of the Ignition Interlock System in Rhode Island?

Rhode Island General Laws § 31-27-2.8(j) states the following:

(j)(1) Any person subject to an ignition interlock order and/or blood and urine testing who violates such order shall be guilty of a misdemeanor punishable by up to one year imprisonment, or a fine of up to one thousand dollars ($1,000), or both.

(2) For a second violation within six (6) months from entry of the order, the person violating the order shall be imprisoned for a term of not less than ten (10) days and not more than one year.

It also further clarifies what is considered a violation of an interlock order. As Rhode Island General Laws § 31-27-2.8(k) states:

(1) Altering, tampering, or in any way attempting to circumvent the operation of an ignition interlock system that has been installed in the motor vehicle of a person under this section;

(2) Operating a motor vehicle that is not equipped with an ignition interlock system; or

(3) Soliciting or attempting to have another person start a motor vehicle equipped with an ignition interlock system for the purpose of providing an operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system.

Does the Ignition Interlock System Require a Camera in Rhode Island?

In Rhode Island it is not required by law to install a camera alongside the Ignition Interlock Device but a judge or magistrate may rule that you have additional conditions beyond what the law states. It is important to always talk with your attorney so they can explain to you all the conditions that the judge or magistrate granted you.

What do I need to apply to a Hardship License in Rhode Island?

Rhode Island General Laws § 31-27-2.8(c) states: “…Any conditional driving privileges must be set by the sentencing judge or magistrate after a hearing in which the motorist must provide proof of employment status and hours of employment, or any other legitimate reasons justifying a hardship license…”

Once you apply for the hardship and the Judge or Magistrate approves it, you need to contact the Rhode Island Division of Motor Vehicles (RI DMV) right away to add the hardship and the Ignition Interlock System to your license.

What are the requirements to use an Ignition Interlock System in Rhode Island?

Rhode Island General Laws § 31-27-2.8(f), (g) , explains the requirements if you’re allowed to use an Ignition Interlock System:

(f) When the court orders the use of an ignition interlock system, the judge or magistrate shall cause an appropriate notation to be made on the person’s record that clearly sets forth the requirement for, and the period of the use of, the ignition interlock system.

(g) In addition to the requirements of subsection (f) of this section, the court or traffic tribunal shall:

(1) Require proof of the installation of the ignition interlock system and periodic reporting by the person for the purpose of verification of the proper operation of the ignition interlock system;

(2) Require the person to have the ignition interlock system monitored for the proper use and accuracy by a person, firm, corporation, or other association to be approved by the division of motor vehicles at least once every six (6) months, or more frequently as the circumstances may require; and

(3) Require the person to pay the reasonable cost of leasing or buying, monitoring, and maintenance of the ignition interlock system.

(4) The requirements under subsection (g) of this section shall be the responsibility of the probation department or justice assistance, if the individual is under their control, or the division of motor vehicles if the individual is not monitored as a condition of the individual’s plea or finding of guilt.

Can I use any Ignition Interlock System Device in Rhode Island?

You’re not free to choose any approved company that you want to for an Ignition Interlock device. In Rhode Island, the Division of Motor Vehicles has a complete list of all the approved companies that you can choose to use, sell, buy and lease an ignition interlock system device from. You need to be aware that each company has their own policies and procedures and their own fees. (Read more here from the DMV’s website on approved Ignition Interlock companies.)

Why Choose the Rhode Island DUI Attorneys at Ellison Law LLC?

The attorneys at Ellison Law LLC are highly experienced in many different DUI cases. They have a great track record with many years of experience backing them up. Our entire team is ready to work with you, to help you overcome this challenging moment in your life. If you ever find yourself charged with a DUI in Rhode Island, ordered to get an Ignition Interlock Device or you’re in need to reinstate your driving license because of a DUI, please contact us at 401-230-5520 any time.