DUIs and Restricted Driving Privileges
In Illinois, being charged with DUI (driving under the influence) often leads to a statutory summary suspension of your driver’s license. The suspension is separate from any criminal charges you may face.
The length of the suspension can vary:
- 6-month suspension for first-time offenders who submit to and fail chemical testing
- 12-month automatic suspension for those who refuse testing
Normally, getting a statutory summary suspension means you cannot drive for as long as your license is suspended. However, if you are a first-time DUI offender, you might qualify for an MDDP.
MDDP stands for Monitoring Device Driving Permit. An MDDP is similar to a Restricted Driving Permit (RDP), but there are some notable differences. In this blog, we go over key factors that make these driving relief options unique from one another.
MDDP: Meaning and Requirements
An MDDP allows you to drive legally and safely before your license is reinstated. This permission is granted only under special circumstances. You must be a first-time DUI offender to be considered for an MDDP, and at least 18 years old. A BAIID (Breath Alcohol Ignition Interlock Device) will be one of the conditions of your MDDP.
If any of the following are true, you will not be eligible for an MDDP:
- You are under 18 years of age
- You received a statutory summary suspension in the past 5 years
- You were previously convicted of a DUI in Illinois
- You were convicted of a DUI in the past 5 years in another state
- You were assigned court supervision for DUI in Illinois
- You don’t have a valid driver’s license
- An accident in which you were charged with DUI resulted in the death or great bodily harm of another person
- You have a previous conviction for reckless homicide or aggravated DUI, which resulted in death
- You are currently facing a field sobriety test suspension
To apply for an MDDP, you must complete an MDDP application (received in the mail) and return it to the Secretary of State. After your application is reviewed, you will be notified about any required fees and whether your MDDP has been issued.
Once the permit is approved, you have 14 days to contact an approved vendor and install a BAIID on your vehicle. Throughout the process, you are responsible for paying all related costs, including the state’s monitoring fees and the BAIID vendor’s installation and monthly charges. Some vendor fees may be waived if you are declared economically challenged.
RDP: Meaning & Requirements
The main differences between an RDP and an MDDP in Illinois relate to their eligibility requirements, driving privileges, and intended use for DUI offenders. An RDP (Restricted Driving Permit) is an option for those whose licenses have been revoked after more than one DUI conviction.
An RDP will allow you to drive under special circumstances. You may apply for an RDP through an informal administrative hearing. However, if you have 2 or more alcohol/drug-related driving incidents on your record, you must obtain it through a formal hearing with the Secretary of State. During your hearing, you must prove that there will be no threat to public safety should you be allowed to drive.
Having a BAIID installed in your vehicle(s) is typically a requirement for receiving a Restricted Driving Permit in IL. However, the need for a BAIID depends on your specific circumstances (number of prior DUIs, revocation status, etc.).
Limitations & Scope
An MDDP holder can drive anywhere at any time, as long as their vehicle is equipped with a BAIID. Usage is broad and not restricted to specific activities, but failure to comply with BAIID monitoring or violations can invalidate the permit.
With an RDP, driving is only allowed for specific, pre-approved purposes, times, and routes. Approved driving purposes may include commuting to work, attending medical appointments, driving kids to school, or fulfilling other specific obligations. Restrictions are tightly enforced, and misuse may result in revocation.
Applying for Driving Relief in Illinois
To apply for restricted driving privileges and qualify for either an MDDP or RDP, you will have to go through many steps to prove that you can be trusted on the road. The end goal is to obtain full reinstatement of your driving privileges. Receiving and using a restricted driving permit may provide a step toward full reinstatement.
Going through the Illinois Secretary of State for reinstatement can be a daunting task. Hiring an experienced driver’s license reinstatement lawyer will make the process much easier.
At Johnson & Goldrich, P.C., we focus exclusively on license reinstatement in Illinois. We serve clients in Chicago, Springfield, and surrounding communities. Contact us today to schedule a free consultation and start working towards earning back your driving privileges! If you’ve been arrested for DUI, we can help you secure driving relief quickly and legally.