Can I Get a Hardship License After a DUI in Illinois? The good news is that hardship licenses are available in Illinois for residents after a DUI conviction. But getting one isn’t a guarantee, and can involve a hearing process. No matter what your situation is, having a Southern Illinois DUI Defense Lawyer vastly improves your chances of receiving one.
At Combs Waterkotte, we help save people’s ability to drive. Our Southern Illinois criminal defense lawyers are experienced with fighting DUIs on both the criminal and administrative sides. For help with your hardship license, call (314) 900-HELP or connect with us online today.
We’ll work with you through the whole process, which we’ll outline below – from determining your eligibility, to applications, to being with you at your hearing. Find out more about the process here, and let us know if you need any help or have any questions.
What Is an Illinois Hardship License?
Even for a first-time DUI in Illinois, you can lose your driver’s license. After that, it’s common to seek a hardship license as a way to regain driving privileges. These can let you drive again, for specific purposes and with certain restrictions.
In Illinois, a hardship license is called a Restricted Driving Permit (RDP). People are only eligible for an RDP if they fit certain criteria, which we’ll discuss below. But after receiving one, you can drive for reasons such as:
- Getting to work.
- Going to recovery meetings.
- Taking yourself or a family member to the doctor’s office.
- Taking a family member to school or daycare.
As mentioned above, an RDP does have some particular restrictions – the most notable ones being drive time restrictions and installing an ignition lock.
For timing and RDPs, you will likely be asked to fill out a form indicating what times of day you want to be able to drive. Typically, you will only be allowed to drive six days of the week, and only during a 12-hour window during those days. The upside to this is that you get to request specific hours that work best for you.
The ignition lock, formally known as a “Breath Alcohol Ignition Interlock Device” (BAIID), is a device that is attached to whatever car(s) you will be driving while on the RDP. It requires you to take a breath test for alcohol before starting the vehicle. If it detects any alcohol on your breath, it will not allow you to start your vehicle.
Am I Eligible for an Illinois Hardship License After a DUI?
Illinois has specific requirements for hardship license eligibility, which are mostly related to your DUI conviction(s) and surrounding circumstances. We’ve outlined the eligibility requirements for an RDP below:
- There must be a hardship, and you must show proof of at least one of the following:
- Employment
- Support/Recovery Group Meetings
- Medical Care Needs
- Needing Care for Other
- Education/Classes
- If you have 2 or 3 DUI Convictions: All RDP restrictions must be in place for 5 years to regain your previous driving privileges.
- If you have 4+ DUI Convictions: You must wait 5 years after your license was revoked before applying for an RDP.
- If your driver’s license has already been permanently revoked, you will need to keep a BAIID on all vehicles you own, and can only drive vehicles with a BAIID, for the rest of your life.
- You must be at least 16 years of age.
How Do I Apply for a Hardship License in Illinois?
The process of applying for a hardship license in Illinois involves more than just paperwork – drug/alcohol evaluations and a hearing will also be required:
- First, you must provide proof of your eligibility.
- Then, you contact a hearing officer with your RDP request.
- You will likely need to go through an evaluation and substance abuse educational class.
- Depending on your circumstances, additional intervention programs may be required here.
- Go through either an informal or formal hearing.
- Informal hearings are for first-time offenses that did not result in death. They involve a conversation between you and a hearing officer about your driving record.
- Formal hearings are for repeat offenses, and/or those that involved a fatality. They are similar to trials, with you getting an opportunity to present your case and then being cross-examined by a prosecutor.
- A Southern Illinois DUI defense lawyer can help you in either case. They can coach you to prepare for an informal hearing and represent you to state your case at a formal one.
- After that, if you are granted an RDP, you will have to pay some fees, reverify your proof of hardship, and then set up your BAIID. Then you can drive again!
- If your request is denied, you can submit another, normally after a wait time.
Get Back Your Ability to Drive – Call Combs Waterkotte Today
Combs Waterkotte helps good people in bad situations, just like you. Without a Southern Illinois DUI defense lawyer, you risk losing your license, maybe permanently. With us at your side, you have someone who knows how to navigate the Illinois legal process and make sure your rights are protected. We feature:
- Extensive experience with over 10,000 cases handled.
- A client-centered approach where we treat every case as unique.
- Top Southern Illinois criminal defense attorneys who can help if there’s a criminal aspect to your case.
Call us today at (314) 900-HELP or reach out online to take the first step towards driving again.
