defaultHardship License Lawyer - Illinois Restricted Driving Permits

Illinois Restricted Driving Permits

Where the suspension of a driver’s license creates an “undue hardship,” the Illinois Secretary of State has the authority to grant a restricted driving permit, which allows the holder to drive between his or her home and place of employment or in the performance of his or her work-related functions, or to transport himself or herself, or a household member to a medical facility, to receive necessary treatment, to allow the license holder to drive himself or herself to and from recommended alcohol or drug treatment, or to allow the licensee to drive to for educational reasons, or to drive household members to and from daycare.

Like the Mass. RMV and Board of Appeal, the Illinois Secretary of State requires those seeking restricted driving permits to satisfy two primary requirements. The must demonstrate that they have no other alternative means of transportation and that granting a restricted driving permit  will not endanger the public. As a condition of issuance of a restricted driving permit, the applicant may be required to attend a driver re-training or alcohol education program.

Illinois restricted driving permits are valid for one year and they are not available to those who have been adjudicated as multiple offenders, pursuant to subdivision (b)4 of Section 6-208 of the Illinois Code. Likewise 2nd and 3rd DUI offenders who have had their licenses suspended for within 5 years are not entitled to relief. Otherwise, 2nd and 3rd DUI offenders, and those under 21, must serve 1 year of the most recent revocation to be considered.

Drivers convicted of reckless homicide of vehicular homicide involving alcohol or drugs must served at least 2 years prior to consideration for relief. 

The Illinois Vehicle Code, mandates the lifetime revocation of anyone convicted of OUI 4th offense, in any jurisdiction. The law appears to prohibit such DUI 4th offenders from ever obtaining an Illinois driver’s license. When it comes to 4th offenders, Massachusetts is more lenient, as it imposes a 10 year revocation and allows them to be considered for a hardship license after they serve 5 years of the 10 year license revocation.