So Your License Got Suspended -- Now What?

 Posted on December 00, 0000 in DUI

All Illinois drivers who have had their licenses suspended or revoked due to a driving under the influence conviction are required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in their cars in order to have their driving privileges restored during the period of suspension.

What is a BAIID?

A Breath Alcohol Ignition Interlock Device is an electronic device that locks out the vehicle’s ignition until that individual delivers a satisfactory breath sample. The BAIID will not allow the car to start until the individual shows that his breath alcohol content is less than 0.025 percent. The BAIID measures breath alcohol concentration in a manner similar to the breathalyzer devices used by police officers. In addition to the initial test, the BAIID may request an additional rolling breath test to be administered after the vehicle has already started moving.

Getting your Driving Privileges Back Following Suspension or Revocation

Suspended License

If an Illinois driver has had his license suspended due to a first-time DUI-related offense, the driver may be eligible to apply for a Monitored Device Driving Permit. Upon issuance of such a permit, the suspended driver regains usual driving privileges, except that the driver may only use a designated vehicle with a BAIID installed. The driver must pay additional fees to be part of the program as discussed in Illinois state rules.

Revoked License

Illinois drivers whose licenses have been revoked may apply for a Restricted Driving Permit (RDP). In order to receive an RDP, the driver must take the following steps:

• Complete the required application. This application is typically provided to drivers who have had their licenses revoked around the same time the driver receives a copy of the related court order revoking the license.
• Obtain a state-approved substance abuse evaluation from a qualified medical provider.
• Pay associated fees. In order to regain driving privileges after license suspension or revocation, the driver must pay a monthly monitoring fee of approximately $30, a rental fee for the BAIID, which is usually between $60 to $100 monthly, and other cost associated with the program.
• Wait to receive a decision from Illinois state secretary in the mail.
• Prove hardship at a hearing. RDP recipients must request their permit during a specifically designated hearing on the subject. In order to obtain an RDP, the Illinois secretary of state requires RDP applicants to show that they will incur a hardship, such as losing a job, if the RDP is not issued.
• If the initial request is denied, individuals may attempt to request a second hearing after 90 days.

Defending Yourself Before your License is Suspended or Revoked

At Kathryn L. Harry & Associates, P.C. we counsel clients through DUI proceedingsand proceedings for other driving-related offenses. We also take care to be accessible to our clients to provide practical advice on topics such as how to maintain one’s necessary schedule after losing a license for a DUI. Applying for an MDDP or an RDP are just a few examples of the types of programs that may be available to clients to help them regain normalcy after a criminal conviction. For more information on our legal services and to see if we can help you with a specific legal problem, contact one of our knowledgeable DuPage County criminal law attorneys at 630-472-9700.