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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. 

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Illinois DUI defense lawyersMost people know that you can lose your driver’s license if you are arrested for driving under the influence of alcohol or drugs (DUI) in Illinois. However, many people do not realize that there is a way you can get a statutory summary suspension of your driver’s license rescinded (canceled).

You Have the Right to a Court Hearing on the Suspension

If you fail or refuse chemical testing following a DUI arrest, the state of Illinois imposes an automatic suspension of your driver’s license, the statutory summary suspension. For most people, this suspension lasts six months if you failed testing (meaning you were over the legal limit) or 12 months if you refused to test.

But the law also grants you the right to a court hearing to challenge the suspension. At this hearing, your lawyer can question police officers and present arguments as to why your license should not have been suspended. If the judge is convinced, the statutory summary suspension will be lifted.

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Illinois DUI attorneyThere have been far too many times where an evening of social gathering, fun, and laughter has turned into a night behind bars, as a result of drinking and driving. While the overall consumption of alcohol is not usually a cause for concern, drinking and then going behind the wheel is very problematic. During the period of statutory summary suspension, the offender may be able to obtain two different types of driving permits under strict supervision.

Monitoring Device Driving Permit

A first-time DUI offender who has not received a previous statutory summary suspension within five years, nor has been charged with drinking and driving in Illinois or in another state within five years, may be eligible for the Monitoring Device Driving Permit, or MDDP. The offender must have a Breath Alcohol Ignition Interlock Device, or BAIID, installed in his or her vehicle.

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Illinois defense lawyerIt is now the holiday season, and everyone is making plans for the holidays. Whether the plans are for Christmas Day or New Year’s Eve, alcohol is often involved in the social gatherings. It is best to prepare for an evening of drinking by determining who will be the designated driver, or if share riding may be the best option. If you do not follow these options and are caught drinking and driving, you could face very serious consequences. However, if you have been charged with a DUI, then you may be able to reinstate your driver’s license.

When Can a Driver’s License Be Reinstated after a Suspension?

If driving privileges have been suspended, then those privileges can be reinstated after the statutory summary suspension period has ended. For the driver’s license to be reinstated, the offender must make sure that all other suspensions and revocations on their driving record are be cleared, pay a $250 reinstatement fee to the Illinois Secretary of State after the first offense, pay an additional $500 reinstatement fee to the Illinois Secretary of State for repeat offenses, and make sure the reinstatement of driving privileges becomes valid. Reinstatement will go into effect when the information is entered into the driver’s record in the Secretary of State’s office when the termination date has passed.

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