In addition to the above, the driver must:

  • have had a valid driver’s license or a license that had not been expired longer than a year at the time of refusal;
  • not have been convicted within the preceding seven (7) years of any offense involving impaired driving at the time of refusal;
  • not have “willfully” refused to submit to a chemical analysis within the preceding seven years or have any pending charges for the same offense subsequent to the refusal;
  • have obtained a substance abuse assessment from a mental health facility and complete any recommended training or treatment program;
  • furnish proof of financial responsibility or establish the he or she is exempt from this requirement.

Once these requirements are satisfied, an application for limited driving privileges can be filed with the clerk of court, and a hearing will be scheduled. This hearing may be held by any District Court judge in the district which the refusal case was adjudicated, or if the case was adjudicated in Superior Court, the hearing may be held in that same court.

If a limited driving privilege is granted, it is only issued for essential functions such as driving to work, maintaining the household, community service and/or emergency care. The limited driving privilege may also set out specific hours and days during which the privilege may be used, such as a work schedule. In those cases where someone works a changing schedule, a judge can authorize driving outside “nonstandard” work hours but will restrict the privilege to only those times and routes required by the job. This privilege will also restrict the driver from consuming any alcohol at any time and may be subject to random testing.