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
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.