DUI Driving Relief in Illinois

 Posted on October 15, 2015 in DUI

When you have lost your driving privileges due to a conviction on charges of driving under the influence (DUI), your life can be greatly affected. You may struggle with maintaining employment, continuing your education, and even caring for family members in need. Depending upon the circumstances of your case, however, you may be eligible for partial relief in the form of a Monitoring Device Driving Permit or a Restricted Driving Permit which may allow you to resume some of your normal activities.

Monitoring Device Driving Permits

The state of Illinois offers two different forms of driving relief for those whose driving privileges have been suspended or revoked related to a DUI. The first is called a Monitoring Device Driving Permit, or MDDP, which is available for almost all first-time offenders during the period of statutory summary suspension for failing or refusing a chemical test for blood alcohol content. The MDDP allows a driver to operate a vehicle at any time, in any place, as long the vehicle is properly equipped with a Breath Alcohol Ignition Interlock Device (BAIID). The MDDP, however, must be surrendered upon conviction on DUI charges, as the conviction typically results in the revocation of driving privileges, not just a suspension.

Restricted Driving Permits

During the period of revocation, a driver may be eligible to apply for a restricted driving permit, or RDP. An RDP is a much more limited form of driving relief that only allows an approved driver to drive at specific times and in specific areas to get to work, school, alcohol education programs, or other approved activities. To be considered for an RDP, the driver must demonstrate that the revocation is causing a specific hardship and that other means of transportation are unavailable or inappropriate. He or she must also submit a current drug and alcohol evaluation, and relevant proof of treatment or remedial programs. The applicant must also appear for a hearing before an officer of the Secretary of State’s Department of Administrative Hearings. In many cases, especially for second or third DUI conviction, the driver will be required to continue using the BAIID as a condition of receiving the RDP.

Based on a driver’s individual needs and limitations, the RDP can be customized to only allow certain driving privileges. For example, a driver may be permitted to drive directly from home to work in the morning, and then from work to home in the evening. Any driving done outside of what is permitted by the RDP may result in additional penalties, including an increased period of revocation and the loss of the RDP.

If you have been charged with DUI, it is important to understand your options under the law. Contact an experienced Lake County criminal defense attorney today. At the Law Offices of Matthew R. Gebhardt, P.C., we offer a free initial consultation so you can meet our team, ask questions, and get the guidance you need during a difficult time. Let us show you how we can help.

Sources:

https://www.cyberdriveillinois.com/departments/BAIID/rdp.html

ftp://www.ilga.gov/JCAR/AdminCode/092/092010010D04440R.html

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-206.1