When Is a Restricted Driving Permit Required After an Illinois DUI?

 Posted on February 22, 2024 in Driver's License Reinstatement

Facing a DUI charge in Illinois can be a daunting experience. From the moment you are pulled over by police, you may be worried about how breathalyzer tests or field sobriety tests will be used against you and whether you may face penalties such as fines and jail time. One of your key concerns will likely be the impact of DUI charges on your driver’s license

Illinois law takes DUI offenses seriously, and your license may be suspended or revoked due to a failed blood alcohol test, the refusal to take this type of test, or a conviction on DUI charges. Fortunately, you may be able to qualify for a Restricted Driving Permit (RDP) and regain some level of driving capability. Understanding when an RDP is required and how to apply for one may be important for you, since it can help you avoid difficulty in your life and ensure that you will be able to maintain employment and complete other daily tasks that require driving. An experienced attorney can offer guidance and support as you defend against DUI charges and address other related legal issues, ensuring that you explore every option for defense while helping you find solutions that will provide for your ongoing needs.

Understanding Restricted Driving Permits in Illinois

A Restricted Driving Permit (RDP) is a special permit issued by the Illinois Secretary of State's office. It allows people who have had their driving privileges suspended or revoked due to DUI or other violations to drive under certain conditions. This permit is often essential for people who need to drive to work, school, medical appointments, or alcohol/drug education programs.

When Is an RDP Required?

Most of the time, a person convicted of a first-time DUI will qualify for a Monitoring Device Driving Permit (MDDP). This permit will require them to install a breath alcohol ignition interlock device (BAIID) in any vehicle they drive, and they will not have any restrictions on when or where they can drive. However, this option will not be available to people who are convicted of second or subsequent DUIs, and other factors involved in a case may make a person ineligible for an MDDP.

Those who need to be able to drive after their license has been suspended or revoked due to DUI charges may be able to apply for an RDP. In general, a person may receive an RDP if they have two or more DUI convictions, two or more statutory summary suspensions due to failed blood alcohol tests, or one DUI conviction with a previous statutory summary suspension

A Restricted Driving Permit is also known as a "hardship permit." To receive an RDP, you must show that you or your family will experience hardship if you are not permitted to drive for an extended period. With an RDP, you will be allowed to drive for certain specific purposes, including to go to work, to attend school, to transport children to and from school, to run essential errands, or to attend medical appointments or substance abuse treatment. You will usually be limited to driving during certain times of the day, and you will also be required to use a BAIID in any vehicles you drive.

When applying for an RDP, you will need to prove that you will experience hardship if you are prevented from driving. You will also need to provide documentation showing that have received a drug/alcohol evaluation and are participating in any required treatment or education programs. You will also need to attend a hearing at a Secretary of State facility and demonstrate that if you are allowed to drive, you will not pose a danger to others.

Contact a Will County Restricted Driving Permit Attorney

Navigating the aftermath of a DUI charge in Will County can be overwhelming, especially when it comes to understanding your rights and your options for regaining your driving privileges. If you are facing this challenge, the Will County DUI defense lawyer at Law Offices of Jack L. Zaremba, P.C. can provide the legal help you need. We understand how Illinois law applies in DUI cases, and we can guide you through the process of defending against a conviction, applying for a Restricted Driving Permit, or addressing other related issues. To arrange a free consultation, please reach out to us at 815-740-4025.