Can I Qualify for a Hardship License in Illinois?

 Posted on February 28, 2025 in Criminal Defense

Losing your driver’s license after a DUI conviction or suspension can create serious difficulties. If you rely on your ability to drive for important things like getting to work or school or attending important medical appointments, having your license taken away can feel like you are losing a lifeline. Fortunately, Illinois offers something called Restricted Driving Permits (RDPs), which are hardship licenses that enable eligible drivers who can demonstrate a legitimate need to be granted limited driving privileges. An experienced Aurora, IL criminal defense lawyer can review your case and advise you on whether an RDP is something relevant for you to pursue.

What Is a Hardship License?

Much like its name implies, a Restricted Driving Permit (RDP) is a restricted driver’s license that is granted to someone whose regular license was suspended or revoked due to DUI or other violations. This permit allows driving only for essential purposes, such as commuting to and from:

• Work

• Job training

• School

• Medical appointments

• Court-ordered treatment programs

In some cases, it can also be used for transporting family members who rely on you to get around. An RDP allows you to drive and not suffer unnecessarily for your DUI conviction, but it is not a full license. If you are granted one, you must abide by its strict limitations and only drive along approved routes during approved hours, or it can be revoked and then you can end up with no recourse.

Who Qualifies for a Hardship License in Illinois?

An RDP is not granted to anyone with a suspended or revoked driver’s license. There are specific eligibility criteria that must be met, including:

Completion of the Waiting Period

There can be a waiting period before you are granted an RDP. The length of the waiting period depends on the severity of your alleged offense. First-time DUIs often have a shorter waiting period.

Demonstration of Undue Hardship

You need to show that the lack of a license has created a significant burden on your life that goes beyond the intention of the penalty. Whether this is an inability to work, go to school, or receive necessary medical treatment, it needs to be something more significant than mere inconvenience and a destination that can be reached easily enough with public transportation.

Proof of Responsibility

If your license was suspended or revoked due to a DUI conviction, you need to show how you are addressing any concerns of substance abuse. You might need to undergo a drug and alcohol evaluation and possibly even complete a treatment or education program.

Breath Alcohol Ignition Interlock Device (BAIID)

In most cases, you need to install a BAIID in your car if you want to be granted the legal authority to drive after a DUI. This device requires you to breathe into a tube and will not start the engine if it detects alcohol on your breath.

Schedule a Free Consultation with an Elgin, IL DUI Defense Lawyer

If your license has been suspended or revoked, speak with an understanding Kane County, IL criminal defense attorney about applying for an RDP. You may have made a judgement error but it does not mean your life and livelihood need to be ruined now. At The Law Office of Brian J. Mirandola, we are dedicated to protecting our clients’ rights and fighting for them to get a second chance. Call us at 847-488-0889 to schedule a free consultation.