Illinois Restricted Driving Permit (“RDP”): Hardship License

The driver’s license reinstatement attorneys at The Davis Law Group, P.C. represent drivers seeking Restricted Driving Permits (RDPs) and full reinstatement of their driving privileges through administrative hearings before the Illinois Secretary of State.

A Restricted Driving Permit (RDP) allows certain individuals whose driving privileges have been suspended or revoked to drive under specific restrictions.

To obtain an RDP, eligible drivers must generally request driving relief through a formal or informal administrative hearing before the Illinois Secretary of State. Depending on the driver’s eligibility and driving history, the Secretary of State may grant an RDP rather than full reinstatement.

How to Get a Restricted Driving Permit in Illinois

1. Not Eligible for Reinstatement: The driver is not yet eligible for full reinstatement but qualifies to apply for restricted driving privileges based on undue hardship.
2. Probationary Restricted Driving Permit: The driver is eligible for full reinstatement, but the Illinois Secretary of State determines that the driver should first demonstrate an ability to drive safely and responsibly under the restrictions of a probationary RDP.
3. Multiple DUI Convictions: A driver with two or three qualifying DUI convictions may be required to obtain a BAIID Multiple Offender (BMO) RDP and satisfy a five-year BAIID requirement before becoming eligible for full reinstatement. Drivers with four or more DUI convictions are generally subject to lifetime revocation and have separate, more restrictive requirements for obtaining an RDP.

Restricted Driving Permits Based on Undue Hardship

If you are not yet eligible for full reinstatement, you must generally demonstrate by clear and convincing evidence that granting you restricted driving privileges will not endanger the public safety or welfare, that no reasonable alternative means of transportation is available, and that you will suffer an undue hardship without an RDP.

The need for an RDP may arise when the loss of driving privileges substantially interferes with your ability to maintain employment, obtain medical care for yourself or an immediate family member, attend court-ordered activities or perform community service, attend school or transport an immediate family member to school, participate in support or recovery meetings, or provide transportation for child care or the care of an elderly or disabled family member.

Under Illinois law, there are six (6) different types of RDPs available to those who must show an undue hardship: employment; medical care for you or an immediate family member; court-ordered activities and community service; educational, as a student or to drive an immediate family member to school; support/recovery meetings; and day care for children or for elderly or disabled family members.

Probationary Restricted Driving Permits

If you are eligible for full reinstatement at the time of your hearing, you are not required to establish undue hardship. However, you must demonstrate that granting you driving privileges will not endanger the public safety or welfare.

Even when you are eligible for reinstatement, the Secretary of State may determine that you should first drive on a Probationary Restricted Driving Permit. A Probationary Restricted Driving Permit typically allows you to drive for 12 hours per day, 6 days per week, within a 200 mile radius of your home.

A probationary RDP allows the Secretary of State to evaluate your ability to operate a motor vehicle safely and responsibly before considering full reinstatement.

BAIID Multiple Offender Restricted Driving Permits

Drivers with two or three qualifying DUI convictions are generally required to obtain a BAIID Multiple Offender (BMO) RDP and satisfy a five-year BAIID requirement before becoming eligible for full reinstatement. A BMO RDP does not require a showing of undue hardship and typically allows you to drive for any legitimate purpose for 12 hours per day, 6 days per week, within a 200 mile radius of your home.

During this period, qualifying drivers must comply with the Secretary of State’s BAIID requirements, including maintaining an approved Breath Alcohol Ignition Interlock Device as required by law.

Lifetime Revocation Restricted Driving Permits

Drivers subject to a lifetime revocation because of four or more DUI convictions may qualify to apply for restricted driving privileges under separate statutory requirements. However, they generally remain ineligible for full reinstatement.

BAIID Requirements for Restricted Driving Permits

Depending on your driving history, the Illinois Secretary of State may require you to install and maintain a Breath Alcohol Ignition Interlock Device (BAIID) as a condition of obtaining an RDP.

BAIID requirements may apply to drivers with multiple DUI convictions, certain combinations of DUI convictions and statutory summary suspensions, and other qualifying alcohol-related offenses.

How Long Must You Drive on an RDP Before Reinstatement?

Under Illinois administrative rules, a driver who has been issued an initial probationary permit or other RDP and who is otherwise eligible for full reinstatement generally must successfully complete at least 75% of the permit period before being considered for reinstatement.

For example, if you are issued a 12-month probationary RDP, you generally must successfully complete at least nine months of driving on the permit before being considered for full reinstatement.

Additional requirements apply to BAIID Multiple Offender permit holders.

At a subsequent administrative hearing, the Secretary of State will consider your compliance with the RDP’s conditions, driving record, any traffic violations, BAIID compliance when applicable, and other relevant evidence in determining whether further driving relief should be granted.

Things to Know

• RDPs may be cancelled by the Illinois Secretary of State for traffic offenses, violations of the permit’s restrictions, or failure to comply with applicable BAIID requirements.
• An RDP may not be issued for a period exceeding two years from its date of issuance. While the duration of an RDP varies depending on the driver’s circumstances and eligibility, individuals granted a BAIID Multiple Offender (BMO) RDP are often issued permits valid for two years. These permits must be renewed as necessary to satisfy the five-year RDP and BAIID requirements before becoming eligible for full reinstatement.
• RDPs cannot be issued for the operation of a commercial motor vehicle.
• You cannot obtain a Restricted Driving Permit (RDP) or full reinstatement of your driving privileges while you have a pending moving traffic violation in Illinois or another state, unless the pending citation is the sole cause of your current suspension or revocation.

Contact an Illinois Restricted Driving Permit Attorney

If you are seeking an RDP, hardship license, or full reinstatement of your driving privileges, contact the attorneys at The Davis Law Group, P.C. to discuss your case.

Our attorneys have decades of combined experience representing clients at formal and informal administrative hearings before the Illinois Secretary of State.