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Restricted Driving Permit During the Statutory Suspension

| Mar 27, 2016 | DUI & Traffic Defense |

The new 2016 DUI laws are taking effect. One of the most important changes to the law is the removal of the 6-208.1(g).:

(g) (Blank). Following a statutory summary suspension of
driving privileges pursuant to Section 11-501.1 where the
person was not a first offender, as defined in Section 11-500,
the Secretary of State may not issue a restricted driving
permit.

Individuals charged with a second DUI in less than five (5) years are now eligible to apply for a restricted driving permit during their statutory summary suspension even though they do not qualify for a MDDP.  Unfortunately, the waiting period for a restricted driving permits is between 60 and 90 days and the applicant must be able to show a hardship.  These hearings are challenging and is worth considering hiring an attorney to assist you in preparing for a hearing.

Another change to law also deals with restricted driving permits for offenders convicted of a second DUI. These individuals no longer have to wait one (1) to apply for a restricted driving permit. 6-205(c)(6) provides:

The Secretary may not,
however, issue a restricted driving permit to any person
whose current revocation is the result of a second or
subsequent conviction for a violation of Section 11-501 of
this Code or a similar provision of a local ordinance or
any similar out-of-state offense, or Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012, where
the use of alcohol or other drugs is recited as an element
of the offense, or any similar out-of-state offense, or any
combination of these offenses, until the expiration of at
least one year from the date of the revocation.

Besides having a successful formal hearing where an individual petitions for a restricted driving permit, the most significant hurdle is the 60 to 90 day waiting period for a restricted driving permit effectively creating “hard time” for the driver.

Finally, if a person decides to apply for a restricted driving permit (RDP) during the statutory suspension and receives a permit the person will have to reapply again if they suffer a conviction. Legislators should find a way to write around a solution to avoid an individual from having to wait 90 days, get a RDP, suffer a conviction, and then sit out again 90 days before getting a RDP post-conviction.

For more information check out The Bill.