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Regaining Your Driving Privileges After a DUI 

Posted on in DUI Defense

Regaining Your Driving Privileges After a DUI After being charged with a DUI, the vast majority of offenders will lose their driving privileges. According to the Illinois Secretary of State’s Office, 90% of eligible drivers arrested for driving under the influence of drugs or alcohol throughout 2018 lost their driving privileges. Regaining your driving privileges after being convicted of a DUI can be a complicated process. Below we will discuss how you can regain your driving privileges in a limited capacity while your license is suspended or revoked and how you can regain your driving privileges in full at the conclusion of the suspension or revocation period. If you have been charged with driving under the influence, it is time to speak with a qualified legal professional. 

Applying for an MDDP or RDP 

When a driver fails chemical testing, they will likely be arrested for driving under the influence of drugs or alcohol. After being charged with a DUI, the offender’s driving privileges will immediately be suspended. While facing a statutory summary suspension, the driver will likely be eligible to apply for Monitoring Device Driving Permit (MDDP). In order to receive an MDDP, the driver must agree to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in their vehicle by the Secretary of State’s Office. A driver with an MDDP will be afforded the right to drive to and from any location with a registered vehicle equipped with a BAIID. It should be noted that drivers that refuse chemical testing will face a statutory summary suspension and are eligible for an MDDP. 

If the driver is ultimately convicted of a DUI, a first-time offender will face a one-year license revocation period. While their license is revoked, the driver can apply for a Restricted Driving Permit (RDP). In order to obtain an RDP, the majority of offenders have to prove that a hardship exists. This hardship could be as simple as needing to drive to and from work or needing to drop their children off at school. The driver will also need to provide an alcohol/drug evaluation and in some cases provide proof that they are attending substance treatment courses of some kind. An RDP will enable the driver to drive to and from certain locations at certain times of the day. 

License Reinstatement 

At the conclusion of the suspension or revocation period, it is time to begin the process of fully reinstating your license. If your license has been revoked due to a DUI conviction, there are a number of steps you must take prior to reinstatement. First and foremost, you must present a clean driving record and documentation stating you have passed a drug/alcohol evaluation and completed a remedial education program. After these steps, you can apply for a hearing with a Secretary of State hearing officer. A first-time offender can apply for an informal hearing. At the hearing, you and your attorney must work to prove that you are not a danger to other travelers on the road. If all criteria are met, you will likely be granted a license reinstatement. For more information on the reinstatement process, speak with your attorney. 

Contact an Oak Brook DUI Defense Attorney 

At McMahon Law Offices, we are dedicated to representing our clients throughout the entirety of the legal process. If you have been convicted of a DUI, we will assist you in regaining your driving privileges in a limited capacity. At the conclusion of the revocation period, we will assist you in the license reinstatement process. To schedule a free consultation with a knowledgeable DuPage County criminal defense attorney, call us today at 630-953-4400.  

Sources:

https://www.cyberdriveillinois.com/departments/BAIID/reinstate.html

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

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