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Can I have a driving permit after an Illinois DUI?

On Behalf of | Jul 21, 2022 | DUI Defense |

For Illinois drivers who are accused of driving under the influence, the aftermath can be a time of fear and worry. Many are unaccustomed to having any interaction with law enforcement, and when they are arrested, they will think about the potential penalties as well as the personal consequences.

One of the first questions people ask about DUI arrests is whether they will be able to retain their driving privileges. Understanding the policy for driving permits is a fundamental part of the case and should be known when planning a defense.

Driving permits after a DUI

If a person has been accused of DUI for the first time, they can get a Monitoring Device Driving Permit (MDDP). This is acquired through the Secretary of State’s office and lets the person drive while their license is under statutory summary suspension. The statutory summary suspension is given if a driver is found to have a blood-alcohol concentration (BAC) of 0.08% or higher.

The MDDP can be granted if the driver has not had this type of suspension in the previous five years, was not been convicted of a DUI, has not been assigned court supervision for DUI in the state, or was convicted of a DUI in a different state in the past five years. The driver may need a Breath Alcohol Ignition Interlock Device (BAIID) installed. In exchange, the driver can go anywhere. There can be no MDDP if the DUI incident led to serious injury or a fatality. Drivers must be at least 18 to have this driving permit. It cannot be granted if the suspension is due to a field sobriety test.

There is also a Restricted Driving Permit (RDP). Anyone with a DUI conviction can apply. Those under 16 whose driving privileges were revoked cannot apply for an RDP. The key to an RDP is showing there is hardship that requires it to be granted. Also, the driver must have an alcohol or drug evaluation. They might need to show they received treatment or remedial education. With at least two past incidents, they will need to have a BAIID.

After a DUI, people will still need to drive to attend school, go to work and for family necessities. The consequences for a DUI are extensive and knowing how to maintain driving privileges can be crucial. A driving permit has certain rules, but people must be aware of how to receive one after DUI charges.

Defend your rights

Just as most people who are arrested for DUI are uncertain of how to handle the sudden accusation of illegal behavior, they will also be unaware of how to formulate an effective strategy to fight the charges. A comprehensive defense requires experience, professional recognition and a full knowledge of strategies to approach a case. Part of that is dealing with the charges. It also encompasses being legally able to drive after the arrest. Most will want to know if they can still drive after a DUI. Having help can ensure that people maintain their rights and be beneficial in reaching a positive resolution.