Understanding the Restricted Driving Permit (RDP) in Illinois
Request a Free ConsultationIn Illinois, a Restricted Driving Permit (RDP) allows a person whose driver’s license has been revoked or suspended to drive under certain circumstances. Informally known as a “Hardship License,” it allows permit holders to drive in order to fulfill necessary responsibilities.
For example, it may allow them to travel to work, medical appointments, classes, or transport children to school or daycare. RDPs typically restrict the hours, routes, or geographic areas in which the permit holder may drive.
Qualifying for a Restricted Driving Permit
Restricted Driving Permits are often required as part of the license reinstatement for people whose licenses were suspended due to a DUI. However, that is not their only application.
They may be issued to people whose licenses were suspended for other reasons. These include people whose driving privileges have been suspended due to multiple traffic violations, DUI-related suspensions, or certain statutory suspensions, for example, unpaid child support.
To qualify for an RDP, you must attend either a formal or informal administrative hearing, depending on the severity of the offense that led to suspension or revocation. You will generally need to demonstrate hardship by showing that you need to drive and that no reasonable alternatives are available. In addition, you must present evidence that granting you limited driving privileges will not unduly endanger public safety.
Restricted Driving Permits in DUI Contexts
You will not automatically be approved for an RDP, even if you can show hardship. In general, you would have to show evidence of rehabilitation. For statutory summary suspensions, RDP eligibility may begin early in the suspension period, sometimes immediately after it starts.
If, on the other hand, your license has been revoked after a DUI conviction, you would usually have to wait until you are eligible for a hearing. The time you must wait before applying depends on your record.
For example, the Secretary of State notes that if your license was revoked after a second DUI, you would usually have to wait one year before applying for an RDP. If you have four or more convictions, you must wait for 5 years before applying for an RDP.
RDPs as an Intermediate Step Prior To Reinstatement
The Secretary of State frequently decides to approve an RDP when people with a prior DUI apply for reinstatement. It benefits permit holders by allowing them to show that they are responsible drivers before their licenses are reinstated. From the authorities’ perspective, it allows for a rapid and straightforward cancellation should the driver fail to comply with the terms under which it is issued.
BAIID as a Requirement For Individuals With a History of DUI Driving Under an RDP
In DUI-related cases, installation of a BAIID may be required. Any person qualifying for an RDP under this provision must install a Breath Alcohol Ignition Interlock (BAIID) device in their vehicle at their own expense. It monitors for alcohol use and can prevent a vehicle from starting if alcohol is detected.
Violations may lead to permit cancellation. On the other hand, demonstrating compliance and safe driving behavior while holding an RDP may strengthen an application for full reinstatement.
If You Are Driving With an RDP, Use the Opportunity to Show You Are a Responsible Driver
A person driving with an RDP must demonstrate that they are safe drivers who comply with the law. A citation could lead to immediate revocation of the permit or delay reinstatement of full driving privileges. Driving outside of your restricted area may lead to Class A misdemeanor charges and stringent penalties.
At the same time, an RDP provides relief for people with revoked or suspended licenses. It represents an opportunity, and you can make the most of it by remaining compliant and driving safely. For more information on RDPs in Illinois and how they apply to your individual circumstances, consult a driver’s license reinstatement lawyer.
