The judicial driving permit is yet another example of quickly changing Illinois DUI law. Previous to 2009, first time DUI offenders could apply for a hardship license called a judicial driving permit, or JDP. It was a limited use driver’s license that allowed DUI offenders to drive after a license suspension for a DUI conviction. In 2009 the JDP was replaced with a MDDP, or monitoring device driving permit.
The MDDP replaces the JDP. Instead, the MDDP allows the driver to drive any place at any time as long as a BAIID (breath alcohol ignition interlock device) is installed on the car. From 2009 to the end of 2015, the MDDP allowed the first time DUI offender to obtain driving relief on the 31st day of the summary suspension. New DUI law, effective January 1, 2016 removes the mandatory 30 day waiting period and allows first time offenders to obtain driving relief with a MDDP immediately.
- Driver’s under 18 years old are not eligible for a MDDP.
- Must be a first time offender.
- First time offenders have not received a previous statutory summary suspension, have not been convicted of DUI, and have not been assigned court supervision in Illinois and have not been convicted of DUI in any other state in the past five years.
- Must drive a vehicle with BAIID installed.
- Exceptions may be made for vehicles driven for work.
Restricted Driving Permit (RDP)
The main difference between a MDDP and a RDP is that a RDP allows restricted driving privileges. While first time offenders that qualify for an MDDP can drive without restriction as long as they are driving a car with a BAIID installed, a person with a RDP can only drive at the times and to the places determined by the permit. In most cases a RDP will allow the driver to go to and from work, take children to daycare and doctor’s appointments, and attend counseling. New Illinois law, effective January 1, 2016 allows drivers to obtain a RDP without a waiting period in some cases as long as a BAIID is installed on the vehicle. Additionally the new law expands who can obtain a RDP to include those with four or more DUI convictions so long as they meet the requirements and have a BAIID installed.
How to get a MDDP
In order to obtain a MDDP you will need to fill in the application you receive in the mail and return it to the secretary of state’s office (SOS). Once it is received, the SOS office will let you know of required fees and if you will obtain the MDDP. If you receive a MDDP, you have 14 days to get the BAIID installed on your vehicle. You will pay all fees associated with the BAIID, including monitoring fees paid to the SOS.
How to get a RDP
The new law affects previous RDP waiting periods. In the past a repeat offender had to wait one year before a RDP could be issued. Additionally there was a waiting period for a person that refused chemical testing. Those waiting periods have been eliminated; however, waiting periods do still apply in some situations.
In order to get a RDP, a person must meet the following requirements:
- Prove a hardship exists (ie. can’t get to work any other way).
- Provide a current drug/alcohol evaluation.
- When appropriate provide evidence of drug/alcohol treatment.
- Attend a SOS hearing.
- Install a BAIID on any vehicles to be driven (pay all fees associated with BAIID, including monitoring fees).
- Pay filing fee.
Need a Criminal Defense Attorney
While it is possible to fill out the forms, attend the hearings and get driving relief without an attorney, it is advised that any time you attend a hearing of any sort that you have an attorney present. A Chicago criminal defense attorney can make sure that your rights are protected and that all forms a filled in correctly and that you are fairly represented in any hearing. Chicago DUI attorneys can help protect your driving privileges and be your advocate in the SOS hearing. If you’ve been arrested for DUI, speak to the Chicago criminal defense attorneys at Tower Legal to learn about how you can get driving relief. With the constantly changing DUI laws, complex criminal justice system and coinciding SOS hearings, it is important to have a powerful attorney in your corner. Call Tower Legal today and find out what you need to do to get the appropriate permit for your situation.