§286-264 Conditional permits.
(a) If an arrestee subject to administrative revocation under this part submitted to a breath or blood test and has had no prior alcohol enforcement contacts during the five years preceding the date of arrest, the director, at the request of the arrestee at the administrative hearing, may issue a conditional permit allowing the arrestee to drive after a minimum period of absolute license revocation of thirty days if one or more of the following conditions are met:(1) The arrestee is gainfully employed in a position that requires driving and will be discharged if the arrestee's driving privileges are administratively revoked; or
(2) The arrestee has no access to alternative transportation and therefore must drive to work or to a substance abuse treatment facility or counselor for treatment ordered by the director under section 286-261.
(b) A request made pursuant to subsection (a)(1) shall be accompanied by:
(1) A sworn statement from the arrestee containing facts establishing the arrestee's current employment in a position that requires driving, and that the arrestee will be discharged if not allowed to drive; and
(2) A sworn statement from the arrestee's employer establishing that the employer will in fact discharge the arrestee if the arrestee is prohibited from driving.
(c) A request made pursuant to subsection (a)(2) shall be accompanied by a sworn statement by the arrestee attesting to the specific facts upon which the request is based, which statement shall be verified by the director.
(d) A conditional permit may include restrictions allowing the arrestee to drive:
(1) Only during hours of employment for activities solely within the scope of the employment;
(2) Only during daylight hours; or
(3) Only for specified purposes or to specified destinations.
In addition, the director may impose any other appropriate restrictions, including installation of an ignition interlock system.
(e) The duration of the conditional permit shall be determined on the basis of the criteria set forth in section 286-264(b) and (c).
(f) If the arrestee violates the conditions imposed under this section, the conditional permit shall be rescinded and administrative revocation shall be immediate for the appropriate period authorized by law. [L 1990, c 188, pt of §3; am L Sp 1991, c 1, §14; am L 1996, c 230, §5]