Restricted Driving Permit (RDP): Eligibility, Hearings, and Reinstatement

What Is a Restricted Driving Permit (RDP)?

One of the most common questions drivers ask after losing their driving privileges is whether they can obtain a permit allowing them to drive legally.

In some circumstances, Illinois law allows eligible drivers to apply for a Restricted Driving Permit (RDP).

An RDP is a permit issued by the Illinois Secretary of State that allows certain eligible drivers to operate a motor vehicle subject to specific restrictions and conditions established by Illinois law.

Generally speaking, an RDP is intended for drivers whose driving privileges have been revoked, including many drivers revoked as a result of DUI convictions, Reckless Homicide, or certain felony offenses involving the use of a motor vehicle.

By comparison, a Monitoring Device Driving Permit (MDDP) is generally available only to certain eligible first offenders during a period of Statutory Summary Suspension following a DUI arrest.

Although Illinois law may allow a driver to seek an RDP during a period of Statutory Summary Suspension, doing so often makes little practical sense. The RDP process typically requires the driver to complete an alcohol and/or drug evaluation, satisfy any recommended education or treatment, and complete the Illinois Secretary of State hearing process before a decision is issued.

Because that process frequently takes longer than the period of a typical Statutory Summary Suspension, an MDDP is generally the more practical form of driving relief for eligible drivers whose licenses have been suspended following a DUI arrest.

The availability of an RDP depends upon the reason your driving privileges were revoked, your driving history, and the statutory requirements that apply to your individual circumstances.

Because an RDP is issued by the Illinois Secretary of State, eligibility is determined through the Illinois Secretary of State hearing process, not through the circuit court handling the criminal DUI case.

Many drivers assume that a Restricted Driving Permit and a Monitoring Device Driving Permit are simply different names for the same permit. They are not.

An MDDP is generally designed to provide immediate driving relief for certain eligible drivers during a Statutory Summary Suspension.

An RDP, by contrast, is generally intended for drivers whose licenses have been revoked and who must establish that they satisfy the statutory requirements for driving relief through the Illinois Secretary of State hearing process.

Understanding that distinction is one of the first steps in determining which form of driving relief, if any, may be available in your case.

Am I Eligible for a Restricted Driving Permit (RDP)?

One of the first questions drivers ask after learning about a Restricted Driving Permit (RDP) is whether they qualify.

Eligibility depends upon a careful review of your Illinois driving record and the requirements established by the Illinois Administrative Code.

One of the first things an attorney should review is your Illinois driving abstract, because eligibility for an RDP is directly tied to your driving history. An Illinois driving abstract can generally be obtained from the Illinois Secretary of State and provides important information regarding prior suspensions, revocations, convictions, and other matters that may affect eligibility for driving relief.

Eligibility for an RDP is determined by the Illinois Secretary of State, not the criminal court. Whether a driver qualifies depends upon several factors, including:

• The reason the driver’s license was revoked.
• The driver’s prior driving record.
• The results of the required alcohol and/or drug evaluation.
• Whether the driver has successfully completed all education and treatment required under the Illinois Administrative Code.
• Whether the driver can demonstrate that granting driving relief would not endanger the public safety or welfare.
• In some cases, whether the driver can demonstrate that he or she would suffer an undue hardship if driving relief is not granted.
• Other statutory and administrative requirements applicable to the individual case.

Unlike an MDDP, there is no single statutory definition that automatically determines eligibility for an RDP. Instead, eligibility is determined through the Illinois Secretary of State hearing process after considering the applicable statutory and administrative requirements.

Many drivers believe that completing an alcohol evaluation and treatment program automatically qualifies them for a Restricted Driving Permit. It does not.

The Illinois Administrative Code establishes specific requirements that must be satisfied based upon the results of the alcohol and/or drug evaluation. Successfully completing the required education or treatment is an important part of the process, but it is only one component of obtaining driving relief.

Preparation for a Secretary of State hearing actually begins long before the hearing date. Reviewing your driving abstract, alcohol evaluation, treatment records, and supporting documentation early in the process helps identify potential issues and allows sufficient time to address them before the hearing.

How Do I Get a Restricted Driving Permit (RDP)?

Obtaining a Restricted Driving Permit (RDP) is not simply a matter of requesting a hearing. Careful preparation before the hearing is often one of the most important factors in successfully obtaining driving relief.

Unlike appearing in court on a criminal DUI case, an RDP is issued by the Illinois Secretary of State after the driver satisfies the applicable statutory and administrative requirements.

Although every case is different, the process generally includes:

• Reviewing your Illinois driving abstract to determine eligibility.
• Completing the required alcohol and/or drug evaluation.
• Completing all education and treatment required under the Illinois Administrative Code.
• Gathering the documentation required for the Secretary of State hearing.
• Submitting a written request for the appropriate Illinois Secretary of State hearing.
• Presenting evidence demonstrating that the statutory and administrative requirements for driving relief have been satisfied.

After the hearing has been completed, the Illinois Secretary of State generally has up to 90 days to issue a written decision.

The preparation required for an RDP case depends upon several factors, including the reason for the revocation, the driver’s history, and the risk classification assigned during the alcohol and/or drug evaluation. The risk classification often determines the education, treatment, abstinence, documentation, and other requirements that must be satisfied before driving relief may be granted.

One of the biggest mistakes drivers make is requesting a Secretary of State hearing before they are ready.

An RDP hearing is not simply an opportunity to explain why you need to drive. Before submitting a written request for a hearing, the driver should review the Illinois driving abstract, complete the required alcohol and/or drug evaluation, satisfy all education and treatment requirements imposed by the Illinois Administrative Code, and gather the documentation needed to support the request for driving relief.

Proper preparation often begins months before the hearing is requested. Identifying potential issues early provides an opportunity to address them before appearing before the Illinois Secretary of State.

Can I Drive Anywhere and Anytime I Want with a Restricted Driving Permit (RDP)?

One of the most common questions drivers ask after receiving a Restricted Driving Permit (RDP) is whether they may drive whenever and wherever they choose.

The short answer is no, you cannot.

Unlike a regular driver’s license, an RDP authorizes driving only for the specific purposes, locations, days, and times approved by the Illinois Secretary of State.

The restrictions placed on an RDP vary from case to case and are based upon the individual driver’s circumstances and the driving relief granted by the Illinois Secretary of State.

Depending upon the terms of the permit, authorized driving may include:

• Employment or work-related travel.
• Medical appointments.
• School or educational purposes.
• Alcohol or drug treatment.
• Child care or family responsibilities.
• Other purposes specifically authorized by the Illinois Secretary of State.

An RDP holder must comply with every restriction contained in the permit. Driving outside the approved purposes, locations, days, or hours may result in the cancellation of the permit, other administrative action by the Illinois Secretary of State, and, in some circumstances, a criminal charge for driving while your driver’s license is revoked.

Many drivers mistakenly believe that once an RDP has been issued, they may drive for any purpose as long as they remain careful. That is not the case.

An RDP is a limited driving privilege that must be followed exactly as issued. Before driving, it is important to understand where, when, and why you are authorized to operate a motor vehicle. Driving outside the terms of the permit can have both administrative and criminal consequences.

How Long Does It Take to Get a Restricted Driving Permit (RDP)?

One of the most common questions drivers ask is how long it takes to obtain a Restricted Driving Permit (RDP).

The answer depends upon the facts of your case and how quickly the required steps are completed.

Unlike a criminal court case, there is no single timeline that applies to every RDP application.

The time required to obtain an RDP depends upon several factors, including:

• When the driver obtains an Illinois driving abstract.
• When the required alcohol and/or drug evaluation is completed.
• Whether all education and treatment required under the Illinois Administrative Code has been completed.
• When the written request for a Secretary of State hearing is submitted.
• The scheduling of the Secretary of State hearing.
• The time required for the Illinois Secretary of State to issue a written decision after the hearing.

After the hearing has been completed, the Illinois Secretary of State generally has up to 90 days to issue a written decision.

Because several steps must usually be completed before a hearing should be requested, beginning the process early often helps avoid unnecessary delays.

Many drivers focus on the hearing date itself. In reality, the hearing is only one step in the process.

Obtaining the driving abstract, completing the alcohol and/or drug evaluation, satisfying the education and treatment requirements imposed by the Illinois Administrative Code, and gathering the necessary documentation often require substantially more time than the hearing itself.

Beginning that work early usually places the driver in the best position to request a hearing when the case is truly ready.

Will a Restricted Driving Permit Eventually Lead to Full Reinstatement?

For many revoked drivers, receiving a Restricted Driving Permit (RDP) is an important step toward eventually restoring full Illinois driving privileges.

After an RDP is granted, the driver may be required to install and maintain a Breath Alcohol Ignition Interlock Device (BAIID) for a specific period before becoming eligible to seek full reinstatement.

Depending upon the driver’s history and other applicable factors, the required BAIID period may be:

• One year
• Five years
• For the remainder of the driver’s life

During that period, the driver must comply with the terms of the RDP, the requirements governing the BAIID, and all other conditions imposed by the Illinois Secretary of State.

Completing the applicable BAIID period does not automatically restore full driving privileges. Before full reinstatement may be granted, the driver must still satisfy the statutory and administrative requirements for reinstatement and obtain approval from the Illinois Secretary of State at a hearing.

The length of the BAIID requirement and the driver’s eventual eligibility for reinstatement depend upon a careful review of the Illinois driving abstract, prior DUI history, prior revocations, and the applicable requirements of the Illinois Administrative Code.

While an RDP provides temporary permission to drive for specific purposes, during approved days, times, and locations, it also serves a much larger purpose.

For many revoked drivers, obtaining an RDP is a necessary step toward full reinstatement of their Illinois driver’s license. Without first obtaining an RDP and successfully completing the required BAIID period, a driver generally cannot become eligible to seek full reinstatement.

For that reason, an RDP should not be viewed simply as a temporary driving permit. It is often the first step in the long-term process of restoring full driving privileges.

What Happens If My Restricted Driving Permit Is Denied?

One of the most common concerns drivers have before a Secretary of State hearing is what happens if their request for a Restricted Driving Permit (RDP) is denied.

A denial does not always mean that you are ineligible for driving relief.

If the Illinois Secretary of State denies an application for an RDP, the written decision generally explains the reasons for the denial. Those reasons often identify issues that should be addressed before requesting another hearing.

Following a denial after a formal hearing, a driver generally must wait 90 days from the date of the hearing before another formal hearing on the same request for driving relief may be held.

Depending upon the circumstances, a driver may need to:

• Complete additional education or treatment required under the Illinois Administrative Code.
• Obtain an updated alcohol and/or drug evaluation.
• Gather additional supporting documentation.
• Demonstrate a longer period of abstinence.
• Have the treatment provider prepare a written response addressing the concerns identified in the denial order.
• Address other issues identified by the Illinois Secretary of State before requesting another hearing.

The appropriate next step depends upon the specific reasons for the denial. Carefully reviewing the written decision and developing a plan to address each issue identified by the Illinois Secretary of State is often one of the most important steps in preparing for a future hearing.

Many drivers become discouraged after receiving a denial from the Illinois Secretary of State.

While a denial is disappointing, it often serves as a roadmap for preparing a stronger case. The written decision may identify specific deficiencies that should be addressed before another hearing is requested.

Working with the treatment provider, obtaining updated documentation, and correcting the issues identified in the denial order often places the driver in a much stronger position when returning for a future hearing.

Do I Need an Attorney to Apply for a Restricted Driving Permit (RDP)?

Many drivers wonder whether they need an attorney to apply for a Restricted Driving Permit (RDP).

The short answer is no, you do not.

Illinois law does not require a driver to be represented by an attorney during the Secretary of State hearing process. A driver has the right to represent himself or herself at the hearing.

However, a Secretary of State hearing is a legal proceeding. During the hearing, the driver is responsible for presenting his or her own case, testifying under oath, responding to questions from the hearing officer, and answering questions from the Illinois Secretary of State attorney, who represents the Illinois Secretary of State during the hearing.

In addition to the hearing itself, obtaining an RDP often requires:

• Reviewing the Illinois driving abstract.
• Understanding the alcohol and/or drug evaluation and assigned risk classification.
• Completing all education and treatment required under the Illinois Administrative Code.
• Gathering the documentation required by the Illinois Secretary of State.
• Preparing testimony for the hearing.
• Addressing issues arising from prior hearings, prior denials, or other aspects of the driver’s record.

Because the hearing is only one part of the process, careful preparation before the hearing is often just as important as the testimony presented during the hearing itself.

Many drivers focus on what they will say during the hearing.

In reality, the hearing officer and the Illinois Secretary of State attorney are evaluating much more than the driver’s testimony.

The driver’s alcohol and/or drug evaluation, treatment records, driving abstract, supporting documentation, prior hearing history, and testimony all become part of the overall presentation.

Whether a driver chooses to retain an attorney is a personal decision. However, understanding the hearing process, preparing the necessary documentation, and being ready to answer questions under oath are all important parts of presenting a well-prepared case.