Understanding Illinois' Restricted Driving Permit Laws

 Posted on December 11,2014 in Criminal Law

Driving under the influence, or DUI, is the illegal act of operating a motor vehicle when under the influence of drugs or alcohol. In Illinois, a person is considered as having driven under the influence if he or she has a blood alcohol content (BAC) of .08 or more, is driving under the influence of any illegal substance, or is driving impaired as a result of medication. Those who are stopped by law enforcement under suspicion of DUI will have their drivers license suspended for a year if they refuse to undergo impairment testing. Those who are found guilty of a DUI face an assortment of different penalties, which depend on the driver's age, whether a child was a passenger, the driver's BAC, and whether the DUI was a first offense. However, all DUIs result in suspension of vehicle registration. Those pulled over and arrested for DUIs are also subject to statutory summary suspension of their driver's licenses; this suspension occurs whether or not the arrested person is subsequently convicted of criminal DUI.

A first conviction DUI is considered a Class A misdemeanor punishable by the revocation of driving privileges for a year. A second DUI conviction is also considered a Class A misdemeanor, but carries with it more intense punishments, including five days imprisonment or 240 hours of community services and revocation of driving privileges for up to five years if the previous conviction occurred within the past 20 years. Three DUI convictions or more are automatically considered aggravated felonies and can result in a 10-year revocation of driving privileges, and a life-long driving privileges ban for those who have been found guilty of DUI four or more times. However, restricted permits can be issued to lift certain driving privilege bans that have resulted from multiple DUI convictions.

Illinois' Restricted Driving Permit Procedures

Restricted driving permits (RDPs) provide those with suspended or revoked driving privileges with the right to operate a motor vehicle in certain designated areas during specific times of day. In order to obtain an RDP, a hardship must be proven to exist, the offender must provide a current professional drug/alcohol evaluation, and he or she must also provide proof of remedial treatment/education where appropriate. An offender must meet with an Illinois Secretary of State Department of Administrative Hearings officer. During this hearing, the offender's driving record is reviewed in order to determine whether the offender would present a threat to public safety if a RDP is granted. There is a $50 nonrefundable filing fee for all offenders that request a formal RDP hearing or a reinstatement of driving privileges.

The following parties cannot receive RDP relief:

• A driver under the age of 16 who had his or her driving privileges revoked;
• A multiple offender who either refused to complete chemical testing or failed chemical testing; and
• A multiple offender who is currently in the statutory summary suspension period. After this period has lapsed, the offender may be eligible for RDP.

If an RDP request is granted, those with two or more alcohol-related driving incidents within 10 years must have a breath alcohol ignition interlock device (BAIID) installed in their vehicle for the entire duration of the RDP. BAIIDs allow a driver to test his or her BAC, and prevent the driver from driving if the BAIID test results indicate that he or she is above the legal limit.