Current through Register Vol. 40, No. 6, March 31, 2022
Hardship Driver License Applicant - A
person disqualified from holding a driver license by state law, who can provide
supporting documentation as requested by the Alabama Law Enforcement Agency
("ALEA"), and who is:
participating in a work release program run, regulated, or recognized by the
Alabama Department of Corrections ("ADOC") as demonstrated by a letter or other
document provided from the program director or designee; or
2. Currently participating in a community
corrections program ("CCP") that is recognized by an Alabama circuit, district,
or municipal court and is in compliance with the ADOC's minimum standards as
demonstrated by a letter or other document provided from the CCP program
director or designee; or
individual released from ADOC custody:
upon completion of sentence;
after being granted parole by the Alabama Bureau of Pardons and Paroles ("the
(iii) following a period
of confinement served in the custody of the ADOC of up to 45 days ("dunk")
imposed by the Bureau with return to parole supervision;
(iv) Pursuant to mandatory release (Section
15-22-26.2, Code of Ala. 1975, as amended);
(v) As otherwise provided by law, including
persons returned to probation supervision following a period of confinement
("dunk") imposed by the sentencing court of up to 45 days in the custody
population of the ADOC; or
4. A person with a suspended or revoked
Alabama driver license who can demonstrate to the reasonable satisfaction of
ALEA that he/she does not pose a risk to public safety and who can fully
demonstrate to the reasonable satisfaction of ALEA that he/she cannot obtain
reasonable transportation. Persons whose driver license is currently suspended
or revoked for a serious traffic offense pursuant to Title 32 of the Code of
Alabama are considered a risk to public safety for purposes of this
Driver License - A Class D driver license with specified and limited driving
privileges. Unless otherwise specified herein, a hardship driver license shall
be subject to all laws, rules, regulations, restrictions, and limitations that
apply to Class D driver licenses. A hardship driver license strictly limits the
operation of a motor vehicle to the following circumstances:
1. for the purpose of driving to or from the
hardship driver licensee's place of employment, job training, job readiness
programming, or job interviews;
for the purpose of driving to or from a religious service, affiliated religious
function, or a civic event recognized to meet basic secular needs for full
3. for the
purpose of driving to or from a sanctioned educational institution recognized
by the State of Alabama where the individual is a regularly enrolled student;
schools or childcare facilities where a family member or dependent is enrolled;
or events sanctioned by the school or childcare facility where the student,
family member, or dependent is enrolled. This rule shall in no way diminish or
affect the limitations or requirements of § 15-20A-17, Code of
Ala. 1975, as amended, which pertain to adult sex offenders, or
the limitations or requirements of any other state or federal law, rule, or
4. for the purpose of
driving to or from any court-ordered program, treatment, community service, or
event, including but not limited to drug or alcohol counseling or other
rehabilitation program; court appearance; supervising probation and parole
field office for reporting or programming; CCP; or work release
5. for the purpose of
driving to or from a scheduled medical or mental health treatment appointment,
a pharmacy for obtaining prescriptions, or in the event of a medical
6. for the purpose of
driving to or from purchasing food and household necessities and performing
essential household duties; and/or
7. for the purpose of driving to or from
voting, if eligible.
Disqualified from Holding a Driver License - For purposes of § 32-6-12.1
Code of Ala. 1975
, as amended, a person with a
suspended or revoked Alabama driver license, including but not limited to
suspension or revocation due to criminal conviction, adjudication, or a finding
of delinquency as provided by law or a person whose driver license has been
suspended or revoked as a civil penalty.
Upon receiving an application for a hardship driver license from an individual
who meets one of the hardship driver license applicant criteria specified in
Alabama Administrative Code Section 760-X-1-.24(1)(a) and is not excluded from
eligibility pursuant to Alabama Administrative Code Section 760-X-1-.24(7) or
otherwise, ALEA may issue a hardship driver license. Applications for a
hardship driver license and must be submitted to the ALEA Driver License,
An initial application for a hardship
driver license must include:
(a) the completed
Application for Hardship Driver License Form, available on ALEA's website and
at official ALEA Driver License Offices throughout the state.
(b) the driver license number that is
suspended or revoked.
individuals meeting the hardship driver license applicant criteria in
subsections 760-X-1-.24(1)(a) (1-3), a letter or document from the applicable
authorized official stating that the applicant is eligible and meets the
criteria pursuant to § 32-6-12.1, Code of Ala.
1975, as amended.
relevant driver information required by ALEA, including but not limited to that
required by Alabama Administrative Code Sections 760-X-1-.19
and any amendments thereto.
proof of applicable insurance as required by Alabama Administrative Code
Hardship Driver License Validity Period:
(a) A hardship driver license shall have an
initial validity period of four years.
(b) An application to reapply for a hardship
driver license after the initial validity period will be approved upon the
hardship driver licensee's demonstration of good cause to the reasonable
satisfaction of ALEA. Good cause includes but is not limited to demonstrable
reentry efforts of the applicant and/or substantial progress towards resolving
issues preventing the applicant's driver license reinstatement.
(c) A hardship driver license will be void
upon driver license reinstatement if such time occurs prior to hardship driver
An individual whose driver license has been revoked is subject to examination
by the Driver License Examiner as required by law for issuance of a hardship
(5) An individual
whose driver license has been revoked and who is required to carry SR-22
insurance under applicable law is required to carry SR-22 insurance while
holding a hardship driver license. Otherwise, an individual is required to
carry mandatory liability insurance for the duration of their hardship driver
license as required by Alabama Code Sections 32-7A-3, 41-27-40 through
41-27-48, or as otherwise required by law.
A hardship driver license will not be
(a) to a person who has been
adjudicated or convicted of driving under the influence pursuant to Alabama
Code Section 32-5A-191.
(b) to a
driver who has committed any moving violation involving or resulting in serious
physical injury or death of another person;
(c) to a person whose driver license is
currently suspended or revoked for a serious traffic offense pursuant to Title
32 of the Code of Ala. 1975, as amended;
(d) at the discretion of the ALEA Secretary
or his/her designee;
(e) to any
person less than 16 years of age;
(f) to a driver who is medically ineligible
for a Class D Driver License as provided by law; and
(g) For commercial driving
applicant shall have the right to a review by the ALEA Hardship Unit upon
denial of his/her hardship application.
Hardship Driver License Revocation:
A hardship driver license shall
immediately be revoked as mandated by Sections 32-5A-195(j)
Code of Ala. 1975
, as amended, and Alabama
Administrative Code Section 760-X-1-.07
or as otherwise required by law.
(b) A hardship driver license
shall immediately be revoked for any serious traffic offense as defined by
Title 32 of the Code of Alabama for any four moving violations occurring during
the four (4)-year hardship license period or for non-compliance with any
requirement or limitation provided herein.
(c) A hardship driver license may be revoked
at any time subject to the discretion of the ALEA Secretary.
(9) Once revoked, a hardship
driver license is not eligible for reinstatement.
(10) Fees: The cost of each hardship driver
license issued shall be fixed at the cost of production and issuance of the
hardship driver license and such cost shall be paid and remitted to ALEA.
Disbursement of fees by ALEA will be in accordance with Class D driver license
Reinstatement of Driver
(a) During the hardship driver
license validity period, a hardship driver licensee may apply with ALEA for
driver license reinstatement. Hardship driver licensees are encouraged to apply
for driver license reinstatement as soon as they are eligible and as far as
possible in advance of the expiration of their hardship driver
All applicable laws,
rules, and regulations, including § 32-6-17
, Code of Ala.
, as amended, and Alabama Administrative Code Section
, to specifically include payment of all required fees, will apply
to driver license reinstatement for any hardship licensee.
(c) A person whose hardship driver license
has been revoked shall not be eligible to apply for a driver license until at
least six (6) months from the date of the hardship license revocation
regardless of the revocation date of their driver license.
(12) A hardship driver license issued
pursuant to these rules is only valid in the state of Alabama and shall not be
transferred to another state. A hardship driver license shall not be considered
REAL ID compliant under applicable federal law.
Neither ALEA nor its officials,
employees, agents, or assigns shall bear any criminal and/or civil liability
for the use or improper use of a hardship driver license. In addition to the
provisions herein, a hardship driver license applicant shall comply with any
and all other existing restrictions and/or requirements under the law related
to the acquisition and use of a driver license in Alabama; nothing in these
rules shall be deemed to supersede or replace the same.
Ala. Admin. Code r. 760-X-1-.24
Administrative Monthly Volume XXXVI, Issue No. 08, May 31, 2018,
Administrative Monthly Volume XXXVII, Issue No. 03, December 28,
2018, eff. 1/3/2019.
Administrative Monthly Volume XXXIX, Issue No. 09, June 30, 2021,
Author: Samantha J. Naramore
Code of Ala.
1975, § 32-2-9, 41-27-40 thru 41-27-48.