defaultHardship License Lawyer - Delaware Occupational Licenses

Delaware Occupational Licenses

In Delaware, pursuant to 21 Del.C. §2733(2)(g), the Division of Motor Vehicles can grant occupational licenses which confer limited driving privileges. The DMV requires those seeking occupational hardship licenses in Delaware must submit an application which includes a sworn statement attesting that the loss of the driver’s license has caused an extreme work-related hardship and that the person filing the application has had no more than 2 previous license suspensions within the 3 year period preceding his or her application. Occupational or hardship licenses are not granted for medical immediate threat suspensions or fatal motor vehicle accidents.

There is a one month waiting period which the driver must serve prior to getting a work license. Also, no license will be issued if the driver has over 15 license points in a 2 year period.

Delaware imposes 5 year habitual traffic offender revocations whenever a driver as accumulated 3 or more major traffic violations in a rolling 5 year period. 10 convictions for minor traffic infractions such as speeding, in any 3 year period, will also result in being declared a habitual offender. Unlike in Massachusetts, there is no ability to get a work or hardship license of your license was revoked as a habitual traffic offender.

The hardship license law, 21 Del.C. §2751, allows holders of occupational licenses to drive only to and from work and as necessary in connection with the driver’s employment. In some cases, driving to and from daycare, school, and medical appointments may be permitted.

The Driver Improvement Unit of the Delaware Division of Motor Vehicles is charged with ruling on hardship license requests and a hearings officer may require the applicant to appear in person for an interview. As always, the burden is on the driver to prove that he or she is experiencing an “extreme hardship” due to the license suspension or revocation.

You can reach the Suspension Section of the Driver Improvement Unit at (302) 744-2509.