Driving Relief Lawyer Manual

A driver whose license is suspended or revoked and is not eligible for reinstatement may apply for a driving permit.  The different types of driving permits are listed and described below.  NOTE: This permit is generally known by the public as a "hardship license".

Restricted Driving Permit [RDP]

625 ILCS 5/6-206(c)(3); §5/6-205(c)(1)

Every offender whose driving privileges are suspended or revoked is eligible for a Restricted Driving Permit (RDP) subject to the limitations listed below.  An RDP is issued for limited driving for employment, educational or medical care for driver or driver’s household member and for alcohol treatment for driver. The RDP will state the days and hours that client may drive.

General RDP requirements

For an RDP application to be approved, driver must show or agree to the following:

1. Driver is not a danger to the public
2. No alternative means of transportation is available
3. Denial of RDP will pose undue hardship on driver, i.e. driver is the sole household provider
4. Complete employment verification for employment RDP or a SOS affidavit for other purpose
5. Pay $8 RDP fee (NOTE: Other fees may apply depending on the suspension)
6. SOS may cancel, suspend or revoke an RDP for violation of any traffic law
7. SOS may require traffic school or other driver remedial program as a condition for RDP

RDP and DUI

In addition to the above requirements, a driver whose license is suspended or revoked for DUI is subject to the following requirements:

1. Driver must request a formal hearing from the Secretary of State, Dept. of Administrative Hearing (Fee: $50).
2. Driver must submit a current alcohol/drug evaluation report. The report or updated report must not be more than 6 months old. In addition, driver must provide proof of alcohol/drug treatment.
3. For a second or subsequent DUI license revocation, driver must wait one year from date of revocation to apply for RDP [625 ILCS 5/6-206(c)(3)(E)].
4. For a second transportation of alcohol suspension, a driver under age 21 must wait 6 months from date of suspension to apply for RDP.
5. For a second or subsequent alcohol related suspension or revocation (DUI; Statutory Summary Suspension/Revocation) or a suspension due to reckless homicide, driver must have a Breath Alcohol Ignition Interlock Device (BAIID) installed in vehicle.  A BAIID fee of $240 is required, in addition to the $8 RDP fee [625 ILCS 5/6-205(c)(2); §5/6-206(d)(2)].
   
   NOTE:  a) It is a crime to tamper with an ignition interlock device or to solicit another person to blow into the device. b) BAIID is not required if the client drives his employer owned vehicle.

Disqualification for RDP

1. Second or subsequent reckless homicide suspension
2. A Commercial Driver’s License (CDL) holder for operation of a commercial vehicle [625 ILCS 5/6-206(f); 6-205(j)]
3. Anyone under age 16 [625 ILCS 5/6-206(e); §5/6-206(g)]
4. No RDP during period of statutory summary suspension for a second or subsequent suspension [625 ILCS 5/6-208.1(g)]
5. Under 21 driver must wait a year from date of second or subsequent suspension to apply for RDP [625 ILCS 5/6-208.2(f)]
6. Fourth or subsequent DUI violation, reckless homicide or accident involving personal injury or death or combination of these offenses. [625 ILCS 5/6-206(c)(3)]

Monitoring Device Driving Permit (MDDP)

625 ILCS 5/6-206.1

Monitoring Device Driving Permit (MDDP) is not restricted for employment, medical or educational purposes. Driver may drive at any time and for any purpose.  With MDDP, a BAIID is installed in the vehicle to monitor the driver.  It requires the driver to pass a breath alcohol test before the ignition will engage and start the vehicle.  The SOS will send notice to driver on how to apply for MDDP and right to decline MDDP in court.

Statutory summary suspension periods

• 6 months: Driver took alcohol or drug test and failed (over .08 or drugs)
• 1 year: Driver refused to take test and there was no accident resulting in personal injury or death of another
• 1 year: Driver failed test and is not a first time DUI offender
• 3 years: Refused test and client is not a first time offender

MDDP Requirements

1. Driver must be a first time DUI offender and apply to SOS during the period of statutory summary suspension.
2. Driver is 18 years or older.
3. An ignition interlock device must be installed within 14 days of issuance of MDDP by SOS.  The ignition interlock device installer must notify SOS of installation otherwise the MDDP may be cancelled.
4. MDDP is effective 31 days after the statutory summary suspension.
5. An indigent client may apply for ignition interlock device installation fee waiver in court.

Disqualification for MDDP

1. The person’s driver’s license was invalid at the time of the DUI arrest.
2. The DUI resulted in death or great bodily harm
3. Person has a previous conviction for reckless homicide.
4. Driver is under 18 years old.
5. The MDDP may be cancelled by SOS if client is issued a traffic citation during the term of the MDDP. If MDDP is cancelled for driving on a suspended license or DUI, then client’s license will not be reinstated upon termination of statutory summary suspension.  Instead, client may only apply for a Restricted Driving Permit and drive a vehicle equipped with an ignition interlock device.
6. The SOS may extend statutory summary suspension for an additional 3 months for violation of MDDP requirements.  Any third extension for this violation may result in a vehicle impound for 30 days.  A fourth extension may result in vehicle forfeiture.
7. Driver cannot drive a commercial vehicle requiring a CDL with MDDP.

Exemptions: If client must drive an employer owned vehicle as part of his employment, client may seek permission from SOS to drive such vehicle without an ignition interlock device. [625 ILCS 5/6-206.1(a-2)]

NOTE:  a) This exemption does not apply for driving school bus, school vehicle or vehicle used to transport more than 15 passengers; b) Driver cannot use this exemption if the company is owned by client or his or her family member; c) Exempted vehicle may not be driven for more than 12 hours per day, 6 days per week.

Family financial responsibility driving permit

625 ILCS 5/7-702.1

A person’s driver’s license may be suspended for delinquent child support.  The court that ordered the suspension may order the SOS to issue this driving permit.  The permit is issued only for limited driving for employment and for alcohol, drug or medical treatment.  It will state the days and hours that client may drive.

Requirements

1. No alternative means of transportation
2. Driver’s license must be valid prior to the suspension
3. Pay $8 permit fee

Disqualification

1. No permit for operating a commercial vehicle
2. Driver must be above 16 years old

Probationary License

625 ILCS 5/6-113(c)

A probationary license may be issued where a person’s driver’s license is suspended for 3 or more moving violations in a 12 month period; driving without a license or driving outside the license classification.  Driver’s license must be otherwise valid and driver must be 21 years or older.  Generally, the license is issued as part of a defensive driving course.