For many first-time DUI offenders in Illinois, the Monitoring Device Driving Permit (MDDP) provides a critical opportunity to maintain limited driving privileges during a statutory summary suspension. At Wirth Law, with offices in both Chicago and Naperville, we help Illinois drivers navigate driver’s license suspensions and revocations to get them legally back on the road as soon as possible.

This guide explains what the MDDP law is, its legal and legislative background, who qualifies for an MDDP, and how the program is monitored. It also highlights how participation in the MDDP program can impact long-term reinstatement eligibility for those who eventually face revocation.

What Is the MDDP Law?

The Monitoring Device Driving Permit (MDDP) is a permit issued by the Illinois Secretary of State that allows eligible drivers to operate a vehicle equipped with a Breath Alcohol Ignition Interlock Device (BAIID) during a statutory summary suspension for DUI. The program is governed by 625 ILCS 5/6-206.1 and is available to qualifying first-time DUI offenders. Once approved, the driver must install a BAIID on any vehicle they intend to operate. The device prevents the vehicle from starting if it detects a blood alcohol concentration over a set threshold and also requires random retests while driving.

To qualify, the driver must be a “first offender” as defined under 625 ILCS 5/6-206.1(a) and 625 ILCS 5/11-500. This does not necessarily mean the driver has never been arrested for DUI before. Instead, it means the person has not had a DUI conviction, supervision, or statutory summary suspension within the five years preceding the current DUI arrest. For example, a DUI-related suspension or supervision from six years ago would not disqualify someone under the MDDP law, but a similar event within the past five years would. Eligibility also depends on other factors, such as whether the DUI involved death or serious injury, or whether the driver holds a commercial license.

History: Judicial Driving Permits Before the MDDP

Before the enactment of the MDDP law, first-time DUI offenders in Illinois had to petition the court for a Judicial Driving Permit (JDP). The JDP was a more limited option that provided a driver with a limited permit for employment, medical, or educational reasons.

In response to criticism of the old Judicial Driving Permit (JDP), the Illinois General Assembly created the Monitoring Device Driving Permit (MDDP) program to improve public safety through consistent alcohol monitoring. The change became effective on January 1, 2009, with the passage of Public Act 95-0400.

The MDDP program expanded the limited driving purposes of the JDP, while also shifting oversight from the courts to the Secretary of State. It also required the use of a Breath Alcohol Ignition Interlock Device (BAIID) for all eligible drivers. This reform aimed to reduce repeat DUI offenses while still providing monitored driving privileges.

MDDP Expansion of Driving Privileges

Unlike the former JDP, the MDDP allows qualifying first-time DUI offenders to drive anywhere and at any time—24 hours a day, 7 days a week. However, the MDDP requires that a driver only operate vehicles equipped with a Breath Alcohol Ignition Interlock Device (BAIID) and remain in full compliance with all monitoring requirements. With these conditions met, MDDP participants can legally drive for work, errands, medical appointments, social activities, or any other lawful purpose.

There are important limitations to keep in mind when driving on an MDDP. The driver may not operate any vehicle that is not equipped with a BAIID, even if it belongs to someone else. Violating this rule or attempting to circumvent the BAIID system can result in serious consequences, including cancellation of the MDDP, extension of the suspension, or even new criminal charges under 625 ILCS 5/6-206.1(j). In cases where a participant’s job requires the use of a company vehicle without a BAIID, the driver must apply for a specific employer exemption in order to legally operate that vehicle.

Who Qualifies for an MDDP?

To be eligible for an MDDP in Illinois, an individual must meet the following criteria:

• Be 18 years of age or older.
• Be classified as a first-time DUI offender, as defined by 625 ILCS 5/11-500.
• Be subject to a statutory summary suspension under 625 ILCS 5/11-501.1.
• Have a valid driver’s license at the time of the DUI arrest.
• Not have caused death or great bodily harm in the incident leading to arrest.
• Not have been previously convicted of reckless homicide or aggravated DUI resulting in death.
• Not be otherwise disqualified due to other license sanctions (e.g., current suspension, revocation, or cancellation unrelated to DUI).
• Not hold a Commercial Driver’s License (CDL) at the time of the offense.

Who Does Not Qualify for an MDDP?

A person does not qualify for an MDDP if any of the following factors exist:

• They are under 18 years of age.
• They are not classified as a first offender under Illinois DUI law.
• They were driving a commercial motor vehicle at the time of the DUI arrest.
• They possess a Commercial Driver’s License (CDL), even if driving a personal vehicle.
• The DUI offense resulted in death or great bodily harm.
• They have a previous DUI conviction or supervision within the last 5 years.
• Their driving privileges are otherwise invalid or revoked at the time of the DUI arrest.
• They are ineligible due to other pending criminal charges or administrative sanctions.
• They fail to comply with BAIID program rules or installation requirements.

MDDP Credit Toward Reinstatement Eligibility

While the MDDP is specifically designed for statutory summary suspensions, it can also impact long-term reinstatement eligibility if a driver later faces a driver’s license revocation for the underlying DUI. Under 625 ILCS 5/6-208.1(d), time spent driving on an MDDP with a properly installed and maintained BAIID can be credited toward the minimum period of revocation required for reinstatement eligibility.

For example, if an individual is later convicted of underlying DUI and their license is revoked, any time they legally operated a vehicle under the MDDP may count toward the statutory minimum period they must wait before applying for full reinstatement. This can be a significant advantage, especially for those trying to reduce the waiting period before reinstatement eligibility with the Secretary of State.

Monitoring, Violations, and Consequences

Once an MDDP is issued, the individual must have a BAIID installed on every vehicle they intend to operate. While driving, the BAIID device does the following:

• Requires the driver to blow into the device before the engine will start.
• Requires periodic “rolling retests” while the vehicle is in motion.
• Logs all activity, including start attempts, breath samples, missed retests, tampering, and disconnections.

The Illinois Secretary of State’s BAIID Division monitors all data collected through the BAIID and issues compliance reports. If a violation is detected, the Secretary of State can take administrative action, including extension of the suspension period, cancellation of the MDDP, or imposition of further sanctions.

Consequences for Monitoring Violations

The BAIID program can be violated by various acts. Violations include, but are not limited to the following conduct:

• Attempting to start the vehicle with a BAC of 0.05 or higher.
• Failing a rolling retest.
• Missing a scheduled data upload.
• Tampering with or removing the device.
• Operating a vehicle without a BAIID.

Under 92 Illinois Administrative Code §1001.444 and 625 ILCS 5/6-206.1(j), violations can lead to:

• Immediate cancellation of the MDDP.
• Additional periods of license suspension.
• Denial of future permits.
• Extended wait times for reinstatement eligibility.

Drivers must take the program seriously. A single violation can undo the benefits of MDDP participation and significantly complicate the reinstatement process.

Free Consultations

At Wirth Law, we understand that dealing with a DUI arrest can be overwhelming. If you’re facing the loss of your driving privileges, we are here to help. With offices in Chicago and Naperville, we offer free consultations, competitive pricing, flat rates, and a long-term track record of successful driver’s license reinstatement cases.

To schedule a free consultation, call our office at (312) 761-8290 or complete our contact form.

Many of our clients are confused about why they were issued a DUI ticket without having driven a vehicle. We attempt to explain the legal basis for the ticket, as well as the legislative rationale in this article.

Click here to view our explainer video on why Illinois includes “actual physical control” in their DUI law.

Many of our clients are confused about why they were issued a DUI ticket without having driven a vehicle. We attempt to explain the legal basis for the ticket, as well as the legislative rationale in this article.

Under the Illinois DUI law, it is unlawful to drive or be in “actual physical control” of any vehicle” while under the influence of drugs or alcohol. 625 ILCS 11-501. A person does not need to drive or intend to drive to be in “actual physical control” of a vehicle. Naperville v. Watson, 175 Ill. 2d 399, 402 (1997).

The term, “actual physical control” has been litigated extensively to determine what conduct falls within its’ parameters. Over time, the courts have developed a list of factors to consider when determining whether a person is in “actual physical control” of a vehicle while intoxicated, including whether the defendant (1) possessed the ignition key; (2) had the physical capability to operate the vehicle; (3) was sitting in the driver’s seat; and (4) was alone with the doors locked. People v. Slinkard, 362 Ill. App. 3d 855, 859 (2005).

The courts continue to decide whether a person was in “actual physical control” of a vehicle while intoxicated on a case-by-case basis. Although the above factors serve as guidance, the State does not need to prove all these factors, nor is the court limited to solely considering these factors if additional evidence exists that is relevant to determining “actual physical control.”

Many clients question the rationale for this provision in the law. We do recognize that the “actual physical control” portion of the DUI law disincentives persons from staying in their vehicle, with no intention of driving, when they know they are too intoxicated to safely operate a motor vehicle. We don’t necessarily agree with the real word effect.

The Illinois supreme court in Watson explained the legislative intent behind penalizing intoxicated persons for being in “actual physical control” of a vehicle under the DUI law. The court noted that the legislative intent was to encourage those who plan to drink to arrange lodging or safe transportation home in advance. They expressed concern about persons making decisions about safely getting home after their judgment is impaired, rather than before going out drinking. Watson, 175 Ill. 2d at 405.

The content of this blog post is not legal advice. Our office provides free consultations and is happy to review the specific facts of your case. You can reach us by calling 312.761.8290 or by emailing us at jennifer@wirthlaw.org.

For roughly two decades, I have been representing clients at Secretary of State hearings to request the reinstatement of their Illinois driving privileges. During consultations, I have had many clients come to me with worries about the process, and sometimes, downright fear of the Secretary of State.

If you have one take away from this article, it should be this: Drivers License Reinstatement can be a positive legal proceeding if you have generally improved your lifestyle and are adequately prepared by your legal counsel for the hearing.

Many clients have heard stories from outside sources that the Secretary of State is geared up to yell and interrogate Petitioners at their hearing. This has not been our experience, nor should it be yours. As an attorney that regularly defends revoked drivers at these hearings, I have never had the State yell or demean my client. If you heard from a friend-of-a-friend that this happened to them, I assure you there was a good reason that their testimony elicited this negative reaction. I have found these hearings to be pleasant and respectful proceedings over many years of doing them.

Further, the Secretary has no incentive to do a grand interrogation of every mistake you ever made in life. The key to a controlled hearing is simply providing accurate, consistent and straightforward answers to their concerns at the outset of your hearing. To ensure everything runs smoothly, your attorney should review your testimony, the questions they intend to ask at your hearing and all documents to ensure your statements are accurate and cover the topics discussed in a typical hearing. As a result, the hearing itself should consist of you answering questions presented to you by your own attorney. The State may ask follow-up questions, but it is generally minimal and respectful if you have been prepared properly.

Finally, I want to dispel the myth that “everyone” gets denied on their first hearing. Since 2005, I have kept statistics on every decision provided to our clients in a Secretary of State proceeding. Over ninety percent of our clients have received driving privileges at their first hearing with the Secretary of State on an annual basis. The Secretary of State has no incentive to deny you for no valid reason, and in our experience, we see many good cases receive good results at the first hearing.

The hearing process is designed solely to determine whether or not you are an acceptable candidate to be a safe driver and if you have resolved any problems with alcohol and/or drugs. The punishment phase of your DUI case(s) ended in court, along with the fear of imprisonment and other penalties. The sole issue in a Secretary of State hearing is whether or not you will receive driving privileges.

Think of this process for what it truly is, rather than what you have been told to fear: It is the moment that you are requesting the freedom to drive again. This should be a positive moment, rather than a negative one.

To learn more about Secretary of State drivers license reinstatement hearings, please do not hesitate to contact Jennifer Wirth for a free consultation at 312.761.8290 or jennifer@wirthlaw.org.

Note: The information on this DUI license reinstatement blog is not intended to be legal advice. You should consult with a qualified attorney before beginning the Illinois Secretary of State License Reinstatement Process. This website does not create any attorney/client relationship.

If nothing else, it is my hope that this article dispels the myth that Petitioners should just “wing it” at their first hearing and retain an attorney for a second hearing if they are denied. This article explains why it is important to start our prepared at the first hearing with the Illinois Secretary of State.

In the past decade, over 95 percent of our clients have received driving privileges at their first hearing with our office. This includes first-time hearings, as well as persons who were denied at a prior hearing before retaining our office.

When granting driving privileges, the Secretary of State is concerned about whether or not a Petitioner has met their burden to obtain driving relief. The State doesn’t randomly deny applicants to punish them. In my experience, they are happy to grant driving relief if an applicant is prepared for the hearing and meets the burden to grant driving relief.

If nothing else, it is my hope that this article dispels the myth that applicants should just “wing it” at their first hearing and retain an attorney for a second hearing if they are denied. This strategy isn’t more cost-effective since it is often much more work for a license reinstatement attorney to undo a bad hearing than build a good case from the beginning. This may result in higher attorney fees for a second or subsequent hearing simply because it takes more work to review the record from an old hearing and address the reasons that an applicant was denied.

When a person attends a license reinstatement hearing, the Secretary of State keeps records of testimony and documentation submitted at the hearing. The records include, but not limited to, the following items: Evaluations, Updated Evaluations, treatment documents, letters and all prior decisions from past hearings. The decision from a prior hearing will recount the testimony given by an applicant. In cases where a revoked driver was denied at a hearing, their statements will need to be addressed at a subsequent hearing if the Secretary of State raised concerns about their testimony.

Simply put, a revoked driver should enlist an experienced drivers license reinstatement attorney before proceeding with an Illinois Secretary of State hearing. Prior to a hearing, counsel should prepare a client to ensure they are likely to meet the burden to obtain driving privileges. The factors that the Secretary of State considers when granting driving relief, include, but are not limited to, the following:

Undue Hardship

If a person is not eligible for reinstatement or a probationary permit, the State considers whether the applicant has met their burden for proving an undue hardship for a specific purpose, such as work, by not being able to drive.

The applicable law is clear that “mere inconvenience to the petitioner or family and friends is not undue hardship.” Rather, an applicant for a hardship permit must prove, among other factors, that reasonable alternative means of transportation are unavailable, such as walking, mass transit, car pools or obtaining a ride from another person. 92 Ill. Adm. Code 1001.420(d)

Further, the Secretary of State considers the method of transportation that the revoked driver is currently using to get to his or her destination. For example, a revoked driver may be taking Uber or Lyft to try to keep their job while going through the process to obtain a hardship permit. If they are financial unable to maintain this arrangement, or if it is causing them to be late and/or miss work, the Secretary of State may still find this to be a hardship.

It is not necessary that transportation does not exist. As the law suggests, the State considers whether there is a hardship, which may include employment consequences, such as facing termination if a permit is not obtained, or extreme financial hardship by not being able to drive for a given purpose.

Public Safety

When a revoked driver requests driving privileges, the Secretary of State also considers whether granting a permit will endanger public welfare or safety. A revoked driver must show that they will not be a danger to themselves or other persons while operating a vehicle. 92 Ill. Adm. Code 1001.420(d)

In cases where an applicant’s overall driving record shows a disregard for the law, such as accidents or a large number of moving violations, it may be advisable for a revoked driver to take a voluntary traffic safety school course to try to demonstrate lifestyle changes that suggest that they are likely to be a safe ations for Permit Issuance

The Secretary of State considers many other factors when determining if an applicant has met their burden to be given a permit. Under 92 Ill. Adm. Code 1001.420 (d), the State will consider several issues when granting driving privileges, which include, but are not limited to, the following:

• The petitioner’s age and the number of years they have been licensed to drive;
• Whether the petitioner has driven while suspended or revoked;
• Duration of present employment;
• The number, severity, and frequency of accidents;
• The petitioner’s overall driving record, as well as the frequency, type, and severity of traffic violations;
• Any efforts at rehabilitation or reform of past driving practices;
• The demeanor and credibility of the petitioner in the hearing, as well as any witnesses presented on their behalf;
• The credibility of and weight given to the petitioner’s documentary evidence, including evaluations, treatment documents and letters in alcohol/drug-related hearings
• The petitioner’s alcohol/drug-related criminal record, including, but not limited to, whether the petitioner was incarcerated and successfully participated in any rehabilitative activity during his or her incarceration. The State will also consider whether the petitioner complied with the terms and conditions of probation or parole;
• In cases where the petitioner is suffering, or has suffered, from a mental condition, the State will consider psychiatric reports to determine if the condition may affect his/her ability to operate a motor vehicle in a safe and responsible manner; and
• If a Petitioner was issued a permit from a prior hearing, the State will consider the length of time that the petitioner actually drove or has been driving on permits, their driving record while on those permits and whether they had any breathalyzer incidents on a prior permit.

Additional Considerations for Alcohol/Drug-Related Revocation

In addition to the factors listed above, the Secretary of State will consider certain other enumerated factors when a determining whether to grant driving relief after an alcohol or drug-related revocation under 92 Ill. Adm. Code. 1001.440(d). These factors include, but are not limited to, the following:

• The similarity of circumstances between alcohol or drug-related arrests;
• Any property damage or personal injury caused by the applicant while driving under the influence;
• Changes in lifestyle and alcohol/drug use patterns since their most recent arrest and the reasons for their lifestyle changes;
• The applicant’s lifetime alcohol/drug use pattern and the timing of the alcohol/drug-related arrests;
• The degree of self-acceptance of an alcohol/drug problem by the applicant;
• The degree of involvement in or successful completion of prior treatment following an alcohol/drug-related arrest. For High Risk, Dependent applicants, the State will also consider the degree of involvement in a support/recovery program;
• Prior relapses from attempted abstinence;
• Whether the applicant has identified and resolved the reasons for their past high-risk behavior;
• The applicant’s criminal history, particularly where alcohol/drugs were a factor in the offense(s);
• The applicant’s chemical test results, if any, from all prior alcohol/drug related arrests;
• If the applicant was denied at a former hearing, whether their evaluator has addressed the concerns raised in the denial order; and
• If the applicant was given an interlock permit in the past, the applicant’s record of performance while driving with a BAIID device.

At a Secretary of State hearing, an applicant faces scrutiny in many areas of their life. The State wants to ensure that a person does not currently suffer from a condition that would impair their ability to safely drive a vehicle, while also taking into account their overall driving history as an indicator of their likelihood of being a safe driver in the future.

An experienced drivers license reinstatement attorney can help prepare their client to meet the Secretary of State’s concerns with positive answers. Counsel may assist in obtaining evidence that mitigates past conduct or provides evidence of lifestyle changes since the last driving incident. The lawyer may review the topics that will be covered in a hearing and suggest areas of personal improvement that a client should highlight when testifying before the Secretary of State. The key to a first hearing isn’t to just “get it over with and be done with it,” but to do it correctly the first time.

Prior to attending a hearing with the Illinois Secretary of State, a revoked driver should consult with an experienced drivers license reinstatement attorney. The information contained in this article should not be construed as legal advice. Our office is happy to provide a free consultation to address the specific facts of a case.

This article discusses whether a revoked driver can request full reinstatement at an Illinois Secretary of State hearing, as well as permit eligibility in cases where reinstating a drivers license is not available or deemed appropriate by the Secretary of State.

The term, “Reinstatement Eligibility,” refers to the first date that a revoked driver is eligible to request full driving privileges at a hearing. If they have had their Illinois driving privileges revoked by the Secretary of State, they will be required to attend a hearing to obtain a restricted driving permit or reinstatement. The basis for the revocation will determine if they require a formal or informal hearing.

Five-Year BAIID Permits

For persons with two or three DUI convictions, they will be subject to a five-year BAIID permit, regardless of eligibility, before they are able to request full reinstatement. The five-year rule does not count DUIs that resulted in supervision or a reduced charge.

One notable exception to five-year permit is when a revoked driver resides out-of-state. A revoked driver that resides out-of-state, and is eligible for full reinstatement, may apply to reinstate their license without serving a five-year permit. However, the applicant must show proof of out-of-state residency to proceed with a hearing and they must license themselves in their home state if they are approved for full reinstatement.

Hardship Permits

If a revoked driver is not eligible for reinstatement, they may be able to request a hardship permit for specific driving needs if no reasonable alternative means are available. Hardship permits can be granted for a variety of reasons, such as work, school, community service, family education, daycare and attendance at support group meetings.

When applying for a hardship permit at a hearing, a revoked driver must prove, by clear and convincing evidence, that there is no reasonable alternative means of transportation available, that they will not endanger the public safety and welfare, and that an undue hardship will result if they are not issued an RDP. 92 Ill. Adm. Code 1001.420(a)(1).

Probationary Permits

If a person is eligible for full reinstatement, the Secretary of State can issue a probationary permit even if the revoked driver is eligible for full reinstatement.

Many revoked drivers believe that if they simply request full reinstatement only, the Secretary of State has to reinstate them. This is not accurate. The Secretary of State reserves the discretion to issue a restricted driving permit to applicants who are eligible for reinstatement at the time of their hearing. 92 Ill. Adm. Code 1001.420 (a)(2)

If a person is granted a probationary permit, the applicant should drive on the permit for 75% of its length before requesting full reinstatement of their license. A probationary permit is typically granted for one year, which means that 75% of the term encompasses a nine-month period of safe driving. When determining whether an applicant has met their burden of safe driving during a probationary permit, the Secretary of State looks to many factors, including whether they had tickets for moving violations, BAIID violations and/or an accident in which they were at fault during the term of their permit.

Prior to attending a Secretary of State hearing, a revoked driver should consult with an experienced drivers license reinstatement lawyer to determine their eligibility for driving relief and develop a strong strategy for presenting their case at a hearing. The information in this article is not legal advice. Every case is different. Our office provides free consultations if you would like us to review the specific facts of your case.

This article outlines the reasons that the Illinois Secretary of State can revoke or suspend an Illinois drivers license. If your license is suspended or revoked, we recommend contacting an experienced drivers license attorney to determine if you are eligible to obtain a permit, or if the revocation or suspension can be cleared by other legal means, depending on the facts of your case.

The Illinois Vehicle Code provides many scenarios where a person may have their Illinois driving privileges suspended or revoked.

Under 625 ILCS 5/6-205, the Illinois Secretary of State is required to enter a mandatory revocation if a person violates specific laws and/or is convicted of certain offenses. If an act does not fall under the mandatory revocation provisions, the Secretary of State may still exercise their authority to revoke a drivers license for certain offenses under 625 ILCS 5/6-206.

The Secretary of State takes action to revoke or suspend a license upon receiving notice from the court, or other relevant enforcement agency, that a violation and/or conviction has occurred.

Once a revocation or suspension is pending, a person may be eligible for a Restricted Driving Permit, or other legal relief. It is strongly recommended that a person facing the revocation or suspension of their license consult with an experienced Illinois drivers license reinstatement lawyer to determine if any form of driving relief is available.

Mandatory Revocation of Illinois Drivers License or Permit

The offenses that trigger a mandatory revocation of an Illinois drivers license include, but are not limited to, the following under 625 ILCS 5/205:

• Reckless homicide that results from the operation of a motor vehicle
• Driving under the influence or alcohol, drug(s) or other intoxicating substances
• Any felony in which a motor vehicle was used during the commission of the offense
• Leaving the scene of a traffic accident that involves death or personal injury. For purposes of mandatory revocation under this provision, “Personal Injury” is defined as any injury requiring immediate professional treatment in a medical facility or doctor’s office. 625 ILCS 5/11-401.
• Perjury or making a false affidavit to the Secretary of State relating to the ownership or operation of a motor vehicle
• Conviction of three charges of Reckless Driving in a twelve-month period
• Conviction of any offense defined in 625 ILCS 5/4-102 relating to damaging, removing parts or tampering with a vehicle, without authority to do so
• Drag Racing and/or Street Racing
• Violation of Chapters 8 and 9 of the Illinois Vehicle Code that involve carrying financial responsibility insurance for persons and/or businesses that have passenger transport vehicles, as well as vehicles for hire or rent
• Reckless Conduct that involves the use of a motor vehicle and causes bodily harm, endangers the safety of another person and/or causes permanent disfigurement to another person. 720 ILCS 5/12-5
• Aggravated Fleeing or Attempting to Elude a Peace Officer. 625 ILCS 5/11-204.1
• Unlawfully operating a Commercial Motor Vehicle under 625 ILCS 5/6-507(1)(b)
• Illegal transportation of alcohol, in cases where person is under the age of 21 and was previously convicted of illegally transporting alcohol. 625 ILCS 11-502
• If revoked for reckless homicide, a second or subsequent conviction for driving on a revoked license or permit
• The commission of any traffic offense that is the proximate cause of the death of another person
• Unlawful display of disability license plates and/or parking decal of deceased person under 625 ILCS 5/11-1301.3(a-2)
• A second or subsequent conviction of illegal possession of a controlled substance while operating, or in actual physical control of, a motor vehicle. The Judge shall make an entry in the court record that offense occurred while operating a motor vehicle and the clerk must report the violation to the Secretary of State
• While unlawfully passing a school bus, a driver is involved in an accident that results in death to another and the violation is the proximate cause of death

Discretionary Revocation of Illinois Drivers License or Permit

If a person has not committed a violation that would trigger the mandatory revocation of an Illinois drivers license or permit, the Secretary of State may still exercise their discretion to revoke or suspend a person’s driving privileges under 625 ILCS 5/206.

The offenses that trigger a discretionary revocation of an Illinois drivers license include, but are not limited to, the following under 625 ILCS 5/206:

• Conviction of three or more traffic offenses in a twelve-month period
• A person has been deemed a habitual traffic offender through repeatedly committing traffic violations and/or being involved in accidents to the degree that it indicates a lack of care in operating a vehicle or signals a disrespect for Illinois traffic laws
• A person has caused or contributed to a personal injury traffic accident while unlawfully operating a motor vehicle. For purposes of this provision, the injury must require immediate professional treatment in a medical facility or doctor’s office to any person involved in the accident
• A person has permitted the unlawful or fraudulent use of a drivers license, identification card or permit
• A person has been convicted of an offense in another state when, if it had been committed in Illinois, would be grounds for drivers license suspension or revocation
• A person who is required to take a driving examination fails the examination or refuses to submit to testing. 625 ILCS 5/6-207
• A person is deemed ineligible for a drivers license or permit under 625 ILCS 5/6-103. A person may be ineligible for a license for various reasons under this provision, such as age restrictions, as well as evidence of a drug/alcohol problem, medical issue or psychological condition that renders them unfit to safely operate a motor vehicle
• While applying for a drivers license, identification card or permit, a person uses false information, makes a false statement or knowingly conceals a material fact. This provision is often used to suspend or revoke a drivers license if a person under the age of 21 obtains or attempts to obtain a Fake ID using false information, but may be used in other scenarios.
• A person possesses, displays or attempts to fraudulently use any license, identification card or permit. As noted above, this provision is often invoked when a person under the age of 21 is in possession of a Fake ID, or presents a Fake ID to purchase alcohol or gain entry into a bar. However, this may be invoked in other scenarios, such as using false identification card to misrepresent citizenship status.
• A person has driven on a suspended or revoked license on a public highway. This provision does not apply to persons who are lawfully driving on MDDPs or Restricted Driving Permits.
• A person has unlawfully submitted to the application process on behalf of another person, or asked another to submit an application on their behalf, in an attempt to obtain a drivers license, identification card or permit.
• A person has operated a vehicle when their license or permit was invalid under the driving restrictions that apply to persons under the age of 18. 625 ILCS 5/6-110 and 625 ILCS 6-107.1.
• A person uses, displays or possesses a cancelled, revoked or suspended permit or license. This provision also prohibits a person from lending their license or permit to another person. 625 ILCS 5/6-301
• A person has been convicted of Criminal Trespass to Vehicle. 720 ILCS 5/21-2
• A person has been convicted of Fleeing and Eluding a Peace Officer, under 625 ILCS 5/11-204
• A person has refused to submit to chemical testing under the implied consent provisions in the Summary Suspension Law, pursuant to 625 ILCS 5/11-501.1
• A person has, since the issuance of their drivers license or permit, been adjudged to be afflicted with or suffering from any mental disability
• A person drives with an invalid license or invalid permit, or has been convicted of driving in violation of the classification of their drivers license. 625 ILCS 5/6-101 and 625 ILCS 5/6-104
• A person has been convicted of leaving the scene of an accident in which there is an excess of $1,000 in damages. 625 ILCS 5/11-402
• A person has a violation for Unlawful Use of a Weapon while using a motor vehicle
• A person has received a second conviction for Illegal Transportation of Alcohol within a year of a similar violation. 625 ILCS 5/11-502
• A person has been convicted by court-martial or punished by military authorities for any offense that is similar to any of the offenses listed in the Mandatory and Discretionary Revocation laws outlined in 625 ILCS 5/6-205 and 625 ILCS 5/6-206
• A person has violated any provision of Section 6-16 of the Liquor Control Act of 1934, including, but not limited to, sale/delivery of alcohol to a minor, possession of alcohol by a minor and/or consumption of alcohol by a minor. 235 ILCS 5/6-16
• A person has been convicted for the first time of illegal possession of a controlled substance while operating or in actual physical control of a motor vehicle
• A person has been convicted of a specified criminal sexual offense while operating or in actual physical control of a motor vehicle, such as criminal sexual assault, criminal sexual abuse or juvenile prostitution-related offenses.
• A person has been convicted of aggravated discharge of a firearm while the person was located in a motor vehicle at the time the firearm was discharged. 720 ICLS 5/24-1
• A person is under the age of 21 and has been convicted of more than two traffic offenses in a 24-month period.
• When approaching a stationary vehicle with its’ lights activated, a person fails to exercise due caution and their conduct results in property damage, injury or death to another person. 625 ILCS 5/11-907(c)
• A person fails to exercise due caution in changing lanes and reducing speed when entering a construction or maintenance zone while workers are present. 625 ILCS 5/11-908(a-1)
• A person submits a falsified or altered Medical Report to the Illinois Secretary of State, or provides false information to obtain a Medical Report

If a person has their Illinois drivers license suspended or revoked, they may be eligible for driving relief. Depending on the reason for the suspension or revocation, an eligible revoked driver may attend a hearing with the Illinois Secretary of State to request a Restricted Driving Permit and/or drivers license reinstatement. In other cases, it may be more advantageous to try to clear up the reason(s) for suspension or revocation in court.

An experienced driver’s license reinstatement lawyer can best determine your options, if any, to clear a suspension or revocation or obtain a driving relief. Prior to attempting to clear your drivers license suspension or revocation, we strongly recommend contacting a drivers license reinstatement attorney to discuss your case.

Our office provides free consultations on drivers license reinstatement. You can reach us directly at 312.461.0400 or email us at jenniferwirth@msn.com

The information contained in this article is not legal advice and does not create any Attorney/Client Relationship. Every case is different. We recommend that a person consult with an experienced attorney before making any legal decisions.

This article discusses the Illinois Statutory Summary Suspension Law, as well as options to combat the effect of the suspension, such as rescission hearings, obtaining an MDDP or applying for a Restricted Driving Permit with the Secretary of State.

On January 1, 1986, Illinois adopted the Statutory Summary Suspension law, which provides that a person who drives, or is in physical control of a motor vehicle on public highways, is deemed to have implicitly given consent to chemical testing upon arrest for DUI. 625 ILCS 5/11-501.1.

Pursuant to the law, any person who fails or refuses chemical testing will have their Illinois driving privileges suspended on the 46th day after notice of the summary suspension is given to the person. A person facing the suspension is given ninety days to challenge the suspension upon receiving notice if sufficient grounds exist. 625 ILCS 5/2-118.1

In many cases, a person who is arrested for DUI is served notice of the summary suspension on the date of their DUI arrest. However, the notice of suspension may be delayed in some cases if test results are not immediately available, such as where laboratory testing is administered. If a person is not served notice on their arrest, they may be mailed notice once results are available.

Length of Suspension: First Offender vs. Multiple Offender

The term of a statutory summary suspension varies depending on whether a person is deemed a “First Offender” and whether they refused or submitted to chemical testing.

Under 625 ILCS 5/11-500, a person is generally considered a first offender if they have not had any DUI dispositions, including supervisions and/or convictions, in the last five years.

If a person is deemed a first offender under the summary suspension law, their driving privileges will be suspended for six months if they fail chemical testing. If a first offender refuses testing, they are subject to a twelve-month suspension of their driving privileges. 625 ILCS 5/6-208.1

If a person has had a DUI within the last five years, they are deemed a multiple offender for summary suspension purposes. If a multiple offender submits to chemical testing and fails testing, they are subject to one-year statutory summary suspension. In contrast, a summary suspension of three years will be imposed if a multiple offender refuses testing. During this period, an eligible multiple offender may apply for a Restricted Driving Permit through an Illinois Secretary of State hearing. See 625 ILCS 5/11-500 and 625 ILCS 5/6-208.1.

Differentiating Between a “First Offender” for Summary Suspensions and Criminal DUI Cases in Illinois

It is important to note that a first offender for summary suspension purposes is not necessarily a first offender for their criminal DUI case.

For illustrative purposes, a person may have received supervision fifteen years ago on a DUI and they are currently facing a second DUI charge. For summary suspension purposes, they are a first offender since their first DUI, for which they received supervision, was more than five years ago. However, for criminal DUI purposes, they are a second offender.

It is also important to note that a criminal DUI case only allows for supervision once in life. In the above example, if the person received supervision for a DUI that occurred fifteen years ago, they are not eligible to receive supervision on their current DUI charge. If they plead guilty to a DUI conviction, their driving privileges will be revoked and they must apply for license reinstatement through the Illinois Secretary of State hearing process. 625 ILCS 5/6-205

Unlike a criminal DUI charge, a summary suspension is a civil sanction imposed for failing or refusing testing while driving, or being in actual physical control of a vehicle, on a public highway. Although the criminal DUI charge and the statutory summary suspension case are typically handled together in court, they are two separate cases that are being managed at the same time.

It is often confusing to persons arrested for DUI that they have a civil suspension and a DUI criminal charge pending in tandem. The most simplified explanation is that the goal of a civil summary suspension case is to determine whether or not you receive a drivers license suspension. It is completely separate from your criminal DUI charge and it has no bearing on whether your driving privileges will ultimately be revoked as a result of a conviction on the DUI charge.

In a civil summary suspension case, you are also not facing jail time or any criminal fines. You will have to pay a reinstatement fee to the Secretary of State if your suspension is not rescinded to terminate the suspension in the end, but the sole topic of the civil statutory suspension case is whether or not your drivers license will be suspended for a period of time.

In contrast, a criminal DUI case is penal in nature. Upon a finding of guilty, the court may order fines, imprisonment, DUI treatment and/or community service, as well as other forms of penalties or rehabilitative measures as part of your sentence. If you plead guilty to an Illinois DUI and receive a conviction, your driving privileges will be revoked. A revocation is different from a suspension in that a revocation does not end on a finite date. A revoked driver must attend a Secretary of State hearing to reinstate thier Illinois drivers license.

A person arrested for DUI in Illinois may ultimately have their summary suspension rescinded, but later be found guilty of the DUI criminal charge. The converse is also true. A person may receive a “Not Guilty” or dismissal of the DUI criminal charge, but their drivers license may remain suspended if the statutory summary suspension was not rescinded in the Court after hearing or by agreement.

At the outset of any DUI case, it is important for a person with a pending statutory summary suspension to speak with an experienced DUI defense attorney to determine whether grounds exist to challenge the suspension in court. A summary suspension is time-sensitive as a person must make a written request for a hearing to challenge the imposition of the suspension within ninety days of receiving the notice of statutory summary suspension. The suspension is not stayed while a hearing is pending. A statutory summary suspension automatically takes effect on the 46th day after notice is given, even if a hearing has not taken place yet. 625 ILCS 6/2-118

Challenging a Statutory Summary Suspension

A person facing a statutory summary suspension after an Illinois DUI arrest may challenge their suspension if grounds exist to do so. Upon receiving written notice of the suspension, which is typically, but not always, given to them on the date of their DUI arrest, they may file a written request for a judicial hearing in the circuit court where their DUI case is pending.

The law allows ninety days to challenge a suspension, but a requesting a hearing does not stay or delay the suspension. The suspension will automatically take effect on the 46th day after notice of the suspension is given unless it has been rescinded before the effective date. 625 ILCS 5/2-118.1

Because there is a limited time frame to challenge a suspension of driving privileges after receiving a DUI arrest, it is strongly advised that a person facing a summary suspension consult with an attorney as soon as possible after receiving a DUI. A Petition to Rescind a Summary Suspension can be filed by a pro se defendant, but this is not a good practice.

The written request for a hearing varies between counties as jurisdictions may provide their own forms and have their own practices, such as requesting that a Law Enforcement Sworn Report to be attached to the Petition. It is also imperative that notice is served properly and that all filing requirements are properly observed to ensure the State doesn’t move to strike the Petition.

Further, summary suspension hearings are not only complicated, but limited to certain issues. A person should enlist an experienced DUI defense attorney as counsel so they not only properly request the hearing if grounds exist, but vigorously argue the hearing on your behalf. Pursuant to 625 ILCS 5/2-118.1, a statutory summary suspension hearing is limited to the following issues:

1. Whether the person was placed under arrest for an offense as defined in Section 11-501, or a similar provision of a local ordinance, as evidenced by the issuance of a Uniform Traffic Ticket, or issued a Uniform Traffic Ticket out of state as provided in subsection (a) of Section 11-501.1; and

2. Whether the officer had reasonable grounds to believe that the person was driving or in actual physical control of a motor vehicle upon a highway while under the influence of alcohol, other drug, or combination of both; and

3. Whether the person, after being advised by the officer that the privilege to operate a motor vehicle would be suspended or revoked if the person refused to submit to and complete the test or tests, did refuse to submit to or complete the test or tests to determine the person’s blood alcohol or drug concentration; or

4. Whether the person, after being advised by the officer that the privilege to operate a motor vehicle would be suspended if the person submits to a chemical test, or tests, and the test discloses an alcohol concentration of 0.08 or more, a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug, substance, or compound in the person’s blood, other bodily substance, or urine resulting from the unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound as listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, and the person did submit to and complete the test or tests that determined an alcohol concentration of 0.08 or more

5. If the person’s driving privileges were revoked, whether the person was involved in a motor vehicle accident that caused Type A injury or death to another.

When retaining a DUI attorney, the lawyer and client should determine at the outset of the representation, if possible, whether or not the attorney believes there is a legal basis to challenge the suspension. If the DUI lawyer believes there are grounds to proceed with a rescission hearing, the client should clarify whether the hearing is included in the retainer agreement.

In the event that a defendant is advised by counsel that they are unlikely to prevail at a rescission hearing, or if they ultimately do not prevail at a rescission hearing, they may be eligible for a driving permit during the period of suspension.

Monitored Device Driving Permits (MDDP)

If a person facing a summary suspension is a first offender, they may be eligible for a Monitored Device Driving Permit (MDDP). In general, the definition of “First Offender” includes those who have not had a previous DUI disposition, including a DUI supervision or conviction, within the past five years of the current DUI arrest. If a person had a DUI disposition within the last five years, they are not eligible for an MDDP. See 625 ILCS 5/11-500 and 92 ILCS 1001.444.

The Secretary of State shall notify a first offender by mail that they may be issued an MDDP. Eligible persons who receive the MDDP paperwork from the Illinois Secretary of State should complete the form and return it to the Secretary of State if they elect to apply for an MDDP permit.

If an MDDP applicant would like to request an exemption from the breathalyzer while driving employer-owned vehicles, they should do so at the time of application. An employer exemption is only allowed under specific circumstances and limits may be set for on-the-job driving, including limitations on driving the exempted vehicle for more than 12 hours a day, six days a week. See 92 ILCS 1001.444

If an exemption does not apply, the MDDP permit requires the installation of a breathalyzer from an approved Illinois interlock provider and payment of $30/month to the Secretary of State during the term of the MDDP. This non-refundable payment is due in full at the beginning of the permit for the months that a MDDP will be utilized during the term of the statutory summary suspension. This Secretary of State fee does not include any additional costs associated with installation or monitoring of the BAIID device by the approved provider / installer.

For persons who cannot afford the interlock fees, they may make a written application for indigency status with the Secretary of State. It is advisable to contact the BAIID Division of the Secretary of State at 217.524.0660 to learn more about indigency qualifications and procedures. An MDDP applicant may be considered indigent by the Secretary of State if the applicant’s total monthly income is 150 percent or less of the federal poverty guidelines, which can be demonstrated through submitting a copy of their federal or state tax return for the most recent calendar year.

Once a breathalyzer is installed, the MDDP holder can drive anywhere, anytime of day, so long as their vehicle is equipped with a breathalyzer and they sufficiently pass their tests while driving.

An MDDP holder should be careful to avoid any violations on their MDDP, which include, but are not limited to, tampering with the breathalyzer or having a BAC reading of .05 or more upon testing. If an MDDP holder receives a request from the Illinois Secretary of State to explain an event or reading, they should contact their interlock company to determine if there are any known issues that may have caused a testing issue, as well as their legal counsel, prior to responding. When responding, a MDDP holder should be mindful that the State requires a response to their letter within 21 days of mailing.

During the MDDP term, the Secretary of State has several remedies for violations, including, but not limited to, extending the term of the MDDP and/or canceling the MDDP.

If an MDDP holder’s driving privileges are revoked, suspended, cancelled or otherwise invalidated during the term of their MDDP, the MDDP is invalid and should be surrendered to the Secretary of State. An MDDP can be invalidated if an MDDP holder is ultimately convicted and revoked for the DUI arrest that resulted in the issuance of the MDDP. If an MDDP is invalidated due to a DUI revocation, eligible revoked drivers may seek a Restricted Driving Permit through an Illinois Secretary of State hearing.

Restricted Driving Permit Upon Illinois Secretary of State Hearing

Eligible revoked drivers may apply for a Restricted Driving Permit at an Illinois Secretary of State hearing if they do not meet the requirements of the MDDP program and they have no pending case at the time they are filing for a hearing.

For example, if you are a second offender for summary suspension purposes and you received a three-year summary suspension for refusal of testing, you may be eligible to request a hearing with the Secretary of State to obtain a permit once the subject DUI is no longer pending in court.

A DUI case is no longer pending for purposes of applying for a hearing when guilt or innocence has been adjudicated. A person is not prevented from applying for a Restricted Driving Permit if they are still completing their DUI sentence for court, so long as they are in compliance with any potential probation or parole.

Restricted Driving Permits (RDP) are different from MDDPs in that they only allow you to drive for a specific purpose, within the days, times and mileage radius listed on the permit. If successful at a Secretary of State hearing, the Secretary of State may issue a permit to drive for work, school, medical needs, support group meetings, community service and/or certain family needs, such as transporting a child to daycare or school. The Secretary of State can issue permits for multiples purposes.

Prior to a Secretary of State hearing to request a permit, a petitioner will need to have completed an evaluation within six months of the hearing date and also provide proof of successful completion of alcohol/drug treatment, in accordance with Illinois Secretary of State standards. Depending on the level of treatment and eligibility, petitioners may have to submit additional documents, including, but not limited to, abstinence/character letters, support program letters and/or hardship letters.

The level of preparation for a Secretary of State hearing is extensive. Prior to filing for a hearing, a petitioner should consult with an experienced attorney to discuss how they can assist with obtaining documents and preparing a petitioner to testify at their hearing. For a free consultation on Illinois Secretary of State hearings, please do not hesitate to contact our office at 312.461.0400.

The information contained in this article is not legal advice and does not create an Attorney/Client relationship. Prior to making any legal decisions, it is strongly recommended that you consult with an attorney to discuss the specific facts of your case.

If you cannot obtain a drivers license in your state of residency due to an Illinois DUI drivers license revocation, this article offers guidance on the various options to clear an Illinois license hold as an out-of-state resident.

Our office receives many calls from people across the nation who are unable to obtain a license in another state because they are being held by DUI revocation in Illinois. There are several options to try to clear the hold in this situation, depending on your circumstances.

The Illinois Secretary of State offers a written out-of-state hearing packet for persons who reside in another state and would like to try to clear their Illinois DUI revocation through mail to apply for a license in their home state.

The packet is only available to out-of-state residents and it takes longer to receive a decision. Unlike in-state formal hearings that are decided within 90 days, an out-of-state packet decision can be delayed for up to 180 days. For this reason, many of our clients elect to return to Illinois for an in-person hearing to minimize the delay in receiving their decision.

If you cannot return to Illinois for an in-person hearing, eligible revoked drivers may submit an out-of-state packet. We strongly recommend hiring an experienced DUI license reinstatement attorney prior to submission of your out-of-state packet. Although the questions in the out-of-state packet may look straightforward, the questions are often more complex than they appear. An Illinois DUI attorney can help guide you on whether you are submitting the proper documentation and if you have completed the packet with all of the required information to comply with Secretary of State standards.

The portions of the out-of-state packet that must be completed can vary depending on whether a petitioner has ever resided in Illinois, the time period since their Illinois revocation took effect and whether they have ever submitted an out-of-state packet in the past that was denied.

Out-of-State Application for Persons Who Never Resided in Illinois

If a person has never resided in Illinois and has never been denied at a prior hearing, certain out-of-state petitioners may apply for reinstatement by showing the following under 92 ILCS 1001.430(d)(2)(k)(1):

1) He/she is not currently a resident of the State of Illinois;

2) At the time of arrest or arrests in Illinois for the violations that led to the revocation of their Illinois driving privileges, the petitioner was not licensed to drive in Illinois, was a resident of a state or jurisdiction other than Illinois, and continues to reside in that state, or any other state or jurisdiction (other than Illinois);

3) The Petitioner is not currently seeking to reside in or be licensed to drive in the State of Illinois;

4) The State of residence and/or licensure of the petitioner at the time of the Illinois arrests did not take action, or took action against the driving privileges of the Petitioner based upon the Illinois arrest and the action has terminated;

5) But for the revocation in Illinois, the petitioner is not prohibited from obtaining driving privileges in any state or jurisdiction other than Illinois. The Secretary of State reserves the discretion to check the petitioner’s driving privileges in other states, as reported by the PDPS (“Problem Driver Point System”); and

6) The Petitioner has paid all necessary fees due to the State of Illinois

If a person who never resided in Illinois meets the criteria for a condensed application, they typically are only required to complete the document and filing fee requirements on the first two instructional pages of the packet, along with the Affidavit set forth in the first Section of the packet in pages three through five. The Secretary of State will request more information from the petitioner upon receipt, if necessary.

As stated earlier, this condensed application for persons who never resided in Illinois is only available if they meet the six requirements outlined above and have never been denied at a prior hearing, including denials from previous out-of-state packets. Prior to submitting any out-of-state packet as a person who never resided in Illinois, an applicant should consult with an Illinois license reinstatement attorney to determine if they meet the criteria and seek legal counsel for help in submission of the packet.

Out-of-State Petitioners – Applying After Fifteen Years Have Elapsed Since Revocation

If an out-of-state resident is revoked in Illinois and it has been at least fifteen years since the most recent drivers license revocation was entered on their Illinois record, they may submit a condensed out-of-state application under certain circumstances. A person is not eligible to submit a condensed application if they have been denied at a prior Secretary of State hearing, including a denial after submission of an out-of-state packet. 92 ILCS 1001.430(m)

If a petitioner meets the criteria outlined in 92 ILCS 1001.430(m) to submit a condensed packet after fifteen years have elapsed since their revocation, they would generally complete the document and filing fee requirements on the first two instructional pages of the packet, along with the Affidavit set forth in the first Section of the packet in pages three through five. However, the Secretary of State may require additional information, including, but not limited to, a Drug/Alcohol Investigative Report or Evaluation, if there is evidence that the petitioner has a current drug or alcohol problem.

Prior to submission of an out-of-state packet after fifteen years has elapsed from a drivers license revocation for DUI, an applicant is strongly encouraged to consult with a DUI license reinstatement attorney. The Secretary of State retains all copies of documents submitted to their office and your packet, as well as any documents included in your packet at the time of submission, may be used against you at future hearings if you are unsuccessful at your attempt to clear your license through an out-of-state packet. It is always best to have legal counsel review any documents that you intend to submit to the Illinois Secretary of State for compliance and accuracy.

Out-of-State Petitioners – Prior Denials or DUI Revocation Less Than Fifteen Years Ago

If a person is revoked for DUI in Illinois and their last DUI revocation occurred less than fifteen years ago, or they have been denied at a prior hearing, they will be required to submit a fully completed out-of-state hearing packet or attend an in-person driver’s license reinstatement hearing with the Illinois Secretary of State.

When applying for full reinstatement as an out-of-state resident, the Illinois Secretary of State will require proof of out-of-state residency, typically in the form of a valid identification card from another state. They will also require that the applicant submit to an Investigative Report or Drug/Alcohol Evaluation and complete any recommended treatment. The State may also require abstinence letters, as well as documentation of any support program, depending on their classification in the Evaluation.

Prior to attending a hearing to clear an Illinois DUI hold on your license, a petitioner should consult with an experienced license reinstatement attorney to figure out their best options and to determine if they have the documentation to move forward. A drivers license attorney that focuses on DUI-related matters will be able to help prepare the packet to ensure it is complete and accurate, as well as submit it to the State on your behalf. While considering your packet, the State may write letters requesting additional information to adjudicate your packet. An attorney can assist with these inquiries to ensure that you have the best possible change of success in reinstating your driving privileges after a DUI revocation in Illinois.

If you would like a free consultation on Illinois driver’s license reinstatement after a DUI revocation, please do not hesitate to contact our office at (312) 761-8290 or fill out our contact form.

The five-year permit only applies to persons with two or more DUI convictions who reside in the State of Illinois. There are exceptions to having to maintain a five-year permit.

On January 1, 2016, the five-year BAIID law took effect which requires all Petitioners who have been convicted of a second or subsequent DUI to drive continuously on a BAIID permit for a period of five years prior to requesting reinstatement of their driving privileges.

It is important to note at the outset of this article that Petitioners are not subject to the five-year permit if they received court supervision on their first DUI and their sole conviction resulted from a second DUI arrest. Petitioners falling within this category are still subject to a one-year probationary period if a permit is granted in lieu of reinstatement.

For Petitioners who are revoked after having received two DUI convictions, the five-year BAIID permit requires installation of a BAIID device on all vehicles owned by them and mandates that they continuously drive with the BAIID in their vehicle for at least five years prior to requesting reinstatement. 625 ILCS 5/205(h)

In short, even if a Petitioner is technically eligible for full reinstatement, they must drive for a five-year period with the BAIID installed prior to requesting their full driving privileges again.

This law has few, but some notable exceptions.

First, if a Petitioner is an out-of-state resident and is otherwise eligible for full reinstatement, they are not subject to the five-year BAIID permit if they show valid proof of out-of-state residency and are approved at their hearing for reinstatement/full clearance of their driving privileges.

Second, as noted earlier, the Petitioner must have two DUI convictions. If a Petitioner received supervision on any DUI, the DUI(s) in which supervision was granted do not count for purposes of determining eligibility for the five-year BAIID permit.

Further, if a Petitioner was already “in the system” at that time this law took effect on January 1, 2016, they are not subject to the five-year BAIID permit unless if they are denied at a subsequent hearing and have had two convictions. This typically applies in cases where a Petitioner was already driving on a hardship permit at the time the law took effect and cannot request reinstatement until the hardship period has expired.

Finally, although five-year BAIID permit Petitioners must maintain the interlock device in any vehicle owned by them (including joint ownership), they are eligible to request an exemption to drive employer-owned vehicles without the BAIID device installed if one-year has elapsed since the date of revocation or if they have driven on a Restricted Driving permit with a BAIID device for at least one year. 625 ILCS 5/6-205(d)(5)

As all cases are different, this should not be construed as legal advice. Any Petitioner seeking guidance on whether the five-year BAIID permit applies to their case is welcome to contact our office for a free consultation by calling 312.461.0400.