Hardship License (Restricted Driving Permit) in Will County
A Restricted Driving Permit, often called a hardship license, lets you drive for set reasons such as work, medical care, school and treatment while your license is revoked or suspended after a DUI. The Secretary of State decides, and you have to show undue hardship and that no other transportation is reasonably available. A permit lasts no longer than 2 years.
Your deadlines
- Day 46. Your statutory summary suspension starts, counted from the day you got the notice.
- Day 90. The last day to file a petition to rescind that suspension.
What an RDP allows
An RDP is narrower than a regular license. The law lists the reasons you may be allowed to drive. The Secretary of State can issue a permit for any of these when you show that no alternative transportation is reasonably available and that you won't endanger public safety.
- Driving between your home and your job, or within your job duties.
- Taking yourself or a family member in your household to a medical facility for necessary care.
- Going to and from alcohol or drug treatment or other rehabilitation that a licensed provider recommended.
- Going to classes as a student at an accredited school.
- Taking children, elderly people or people with disabilities in your household, who don't hold driving privileges, to and from early care and education.
The Secretary of State's power to issue the permit is limited to cases where undue hardship, as defined by its rules, would result from refusing it. Each permit can run for the period the Secretary of State chooses, but no more than 2 years from the date it is issued.
RDP or MDDP: which one applies
Two different permits exist, and the right one depends on your situation.
| MDDP | RDP | |
|---|---|---|
| Who | First offenders during a summary suspension | People with a revoked or suspended license, including repeat offenders and cancelled MDDP holders |
| Driving allowed | Any purpose, any time | Only for the reasons the permit lists |
| Interlock device | Required | Required for 2 or more DUI related revocations or suspensions |
If your MDDP is cancelled, the only permit you can apply for during the longer suspension is an RDP, and it requires a device. Read the MDDP page for the other permit.
Interlock rules for an RDP
- If your license is revoked or suspended because of 2 or more DUI convictions, any RDP you get requires an ignition interlock device on the vehicle you drive.
- The same applies when your record shows 2 or more revocations or suspensions that combine a DUI conviction with a summary suspension, arising from separate occurrences.
- You pay the Secretary of State up to $30 a month while you use the device.
- An employment exemption lets you drive an employer owned vehicle without a device for work, but after a second DUI within 5 years it does not apply until one year has passed with either your driving privileges revoked or an RDP with a device on every vehicle.
The Secretary of State can cancel or revoke an RDP for traffic convictions, and can require a driver remedial program as a condition. A permit for a commercial vehicle isn't available to a CDL holder whose privileges are revoked or suspended.
Arrested for DUI? Call Jeff now.
The license clock starts the day you get the notice. During office hours, Jeff answers the phone himself.Office hours: Monday to Friday 8:30 AM to 6 PM, Saturday 10 AM to noon. After hours, leave your name, number and the best time to call back.
Jeff McCarthy, Inspired Law Group, 136 E 9th St, Lockport, IL 60441
When you can apply
| Situation | Rule from the Vehicle Code |
|---|---|
| Revocation after a first DUI conviction | You may apply for a license after one year. An RDP can be sought through the Secretary of State. |
| First offender whose license was revoked after refusing a test | You may apply for reinstatement or an RDP after one year from the effective date of the revocation. |
| Second DUI | You must first get an RDP, then keep it for 5 continuous years without a violation of the law or interlock rules before you can apply for a license. |
| Fourth or later DUI | You may apply for a restricted driving permit (not a full license) at a hearing with the Secretary of State after 5 years from the effective date of the most recent revocation, or 5 years from release from prison, whichever is later. You must show by clear and convincing evidence at least 3 years of uninterrupted abstinence from alcohol and unlawful drug use, plus completion of any recommended treatment. |
The Secretary of State can weigh testimony, affidavits, records and the results of regular alcohol or drug tests. People with more than one conviction under certain DUI subsections of the law are not eligible to apply. Ask Jeff how your record fits.
What happens next
- Get your driving record. The dates on it decide what you can apply for.
- Learn the Secretary of State process. The Secretary of State runs the application and any hearing. Its process and the kinds of hearings it holds are on ilsos.gov.
- Gather proof. Gather proof of your need, such as an employer letter, medical records or school enrollment, plus an alcohol and drug evaluation.
- Plan the device. If an interlock device is required, choose a provider before your hearing.
- Apply or attend the hearing. Follow the Secretary of State's instructions for your case.
- Follow the conditions. Drive only for the listed reasons and keep every condition. A violation can end the permit.
How Jeff helps with a driving permit
- Reads your driving record to find the first date you can apply.
- Explains which permit fits your case, MDDP or RDP.
- Helps you collect the evaluation, letters and records the Secretary of State will want.
- Points out how a pending criminal case can affect the timing of your application.
- Prepares you for what a hearing officer may ask.
- Keeps the criminal case and the license case moving together.
The Secretary of State makes the final decision. Jeff does not promise a permit.
Sources
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
Questions people ask about hardship license (rdp)
Short answers first. Jeff McCarthy reviews every answer on this page.
It is the common name for a Restricted Driving Permit. It lets you drive for set reasons, such as work or medical care, when your license is revoked or suspended.
A permit can be requested, but the decision belongs to the Secretary of State. You must show undue hardship and that no other transportation is reasonably available.
The Secretary of State sets the period, but it can't be longer than 2 years from the date it is issued.
You do if your license is revoked or suspended because of 2 or more DUI convictions, or certain combinations of DUI convictions and summary suspensions. Employer owned work vehicles have a limited exemption.
An MDDP is for first offenders during a summary suspension and allows driving for any purpose with a device. An RDP is for people with a revoked or suspended license and allows driving only for listed reasons.
The Secretary of State handles the hearings. Call Jeff and he will tell you which hearing applies to your record and where to go.
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Every case comes down to its facts and its deadlines. Talk with Jeff McCarthy so you can:
- Get clear on your legal options.
- Avoid costly mistakes.
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