Illinois Drivers License Hardship Law


Drivers Hardship License Law – General – Illinois

1. Does the agency (motor vehicle/DOT) law provide for hardship licenses?

Yes, persons with discretionary and mandatory suspensions for may be eligible for restricted driving privileges with a Judicial Driving Permit or Restricted Driving Permit.. Restricted licenses are generally valid for one year, but may be extended until the person turns 21. The Secretary of State may, as a condition to the issuance of a restricted driving permit, require the applicant to participate in a driver remedial or rehabilitative program

2. Is an agency hearing required before a hardship license is issued?

A hearing is held under 625 ILCS 5/6-206.1 to issue a Judicial Driving Permit (JDP).

625 ILCS 5/11-501.8, dealing with suspension of driver’s licensefor alcohol offenses by persons under age 21, provides that at the conclusion of the hearing held under Section 2-118 , the Secretary of State may rescind, continue, or modify the driver’s license sanction. If the Secretary of State does not rescind the sanction, a restricted driving permit may be granted by the Secretary of State upon application being made and good cause shown. A restricted driving permit may be granted to relieve undue hardship by allowing driving for employment, educational, and medical purposes.

3. Do prior offenses prevent me from obtaining a hardship license?

Under 625 ILCS 5/6-206, the Secretary may not, issue a restricted driving permit to any person whose current revocation is the result of a second or subsequent conviction for a violation of Section 11-501 (DUI related offenses).

You may not get a JDP or restricted driving permit for a second or subsequent offense of refusing to submit to chemical testing.

625 ILCS 5/6-206.1 disallows a Judicial Driving Permit Prior (JDP) when:

(i) Any person who has been convicted of reckless homicide within the previous 5 years.
(ii) Any person whose privilege to operate a motor vehicle was invalid at the time of arrest for the current violation of Section 11-501, or a similar provision of a local ordinance, except in cases where the cause for a driver’s license suspension has been removed at the time a JDP is effective. In any case, should the Secretary of State enter a suspension or revocation of driving privileges pursuant to the provisions of this Code while the JDP is in effect or pending, the Secretary shall take the prescribed action and provide a notice to the person and the court ordering the issuance of the JDP that all driving privileges, including those provided by the issuance of the JDP, have been withdrawn.

4. What are the requirements for getting a hardship license?

Judicial Driving Permit

1. Drivers under age 18 are not eligible for a JDP.
First-time DUI offenders may request a JDP from the court to allow limited driving during a statutory summary suspension. (A first-time offender is a driver who has not received a previous summary suspension, been convicted of DUI or assigned court supervision for DUI in this state, or who has not been convicted of DUI in another state within five years.)?
2. Before the court can approve a permit, the offender must prove a hardship exists and provide proof of a current professional alcohol and drug evalu-ation.
3. The JDP does not become effective until the 31st day of suspension.

Restricted Driving Permit (RDP)

The Secretary may upon application, to relieve undue hardship, issue a restricted driving permit granting the privilege of driving a motor vehicle between the petitioner’s residence and petitioner’s place of employment or within the scope of his employment related duties, or to allow transportation for the petitioner, or a household member of the petitioner’s family, to receive necessary medical care and if the professional evaluation indicates, provide transportation for alcohol remedial or rehabilitative activity, or for the petitioner to attend classes, as a student, in an accredited educational institution; if the petitioner is able to demonstrate that no alternative means of transportation is reasonably available and the petitioner will not endanger the public safety or welfare.

1. If eligible, those convicted of DUI may apply to the Secretary of State’s office for an RDP.
2. A multiple offender whose BAC test results are .08 percent or greater or whose chemical test indicates any amount of a controlled substance, is not eligible for an RDP during the statutory summary suspension period.
3. A multiple offender who refuses to submit to or fails to complete chemical testing is not eligible for an RDP during the statutory summary suspension.
4. A driver under age 16 whose driving privileges are revoked is not eligible for an RDP.
5. To obtain an RDP, the offender must prove hardship exists, provide a current professional drug and alcohol evaluation and, when appropriate, provide proof of remedial education or treatment.
6. An offender must appear before a hearing officer in the Secretary of State’s Department of Administrative Hearings. The driving record is reviewed to ensure that the driver would not threaten public safety if allowed to drive on a limited basis.
7. An individual with two or more alcohol-related driving incidents on his/her driving record within 10 years is required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in his or her vehicle for the duration of the RDP. As required by statute, the individual is responsible for the fee required for the BAIID during this period.
8. An individual requesting a formal hearing for an RDP or reinstatement of his or her driving privileges will be charged a $50 nonrefundable filing fee when requesting the formal hearing.

5. Does a lifetime or mandatory revocation make you ineligible for restricted driving privileges?

No, restricted driving privileges are allowed under Sec. 6-205 dealing with mandatory revocation of licenses or permits.

6. Can minors receive limited driving privileges?

Under 625 ILCS 5/6-206 and 625 ILCS 5/6-205, the Secretary of State shall not issue a restricted driving permit to a person under the age of 16 years whose driving privileges have been suspended or revoked under any provisions of this Code

Whenever a person under the age of 21 is convicted under Section 11-501 of this Code or a similar provision of a local ordinance, the Secretary of State shall revoke the driving privileges of that person. One year after the date of revocation, and upon application, the Secretary of State may, if satisfied that the person applying will not endanger the public safety or welfare, issue a restricted driving permit granting the privilege of driving a motor vehicle only between the hours of 5 a.m. and 9 p.m. or as otherwise provided by this Section for a period of one year. 625 ILCS 5/6-205.

625 ILCS 5/6-206.1 disallows a Judicial Driving Permit Prior (JDP) when a person is under age 18.

625 ILCS 5/11-501.8 allows restricted driving privileges for minors suspended for alcohol offenses.

625 ILCS 5/6-108 provides for limited driving privileges for minors suspended for canabis offenses.