New Law Allows More DUI Offenders to Apply for Driving Privileges

On August 26, 2015, Public Act 099-0467, eliminating statutory hard times, was signed into law by Governor Rauner. The legislation was sponsored by Rep. John D’Amico and will become effective January 1, 2016.

The legislation eliminates all ‘hard times’ under current law. Simply put, these are statutory periods during which a driver could not obtain relief from certain periods of a statutory summary suspension (‘SSS’) or DUI revocation. This includes:

1. First offender SSS – Drivers will be eligible for a Monitored Device Driving Permit (MDDP) from day 1 of the suspension (currently cannot obtain a permit until the 31st day of the SSS);

2. Second offender SSS – Drivers will be eligible to apply for a Restricted Driving Permit (RDP) from day 1 of the suspension (currently cannot obtain any driving privileges during the entire length of the suspension – generally ranging from a period of 1-3 years). Additionally, drivers with extensions of these suspensions due to convictions for driving while suspended will also be able to apply for a RDP (currently not eligible to apply);

3. Individuals with 5-year and 10-year revocations will now be able to apply for a RDP from day 1 of the revocation (currently unable to apply for the first year of the revocation);

Attorney Larry A. Davis assisted in drafting the legislation.