After you have been convicted of a driving-related offense such as reckless driving or a DUI or have had multiple violations within a short period, the DMV or criminal court can end up suspending or revoking your driving license. Even so, it is possible for you to continue driving even after a driving suspension depending on the state that you live in and depending on the reasons why you lost your license.
As a result of getting convicted of a DUI, you are likely to incur hefty fines, a license suspension, and potentially spend time in jail. It can be hard to carry out daily tasks such as driving to school or work, going to important appointments as well as other tasks and you may have to rely on public transportation, friends, and family members to get around.
However, if you are able to prove to the court that as a result of losing your driving privileges you and/or your loved ones are facing hardship, you may just be eligible for a hardship license also known as a restricted driving permit (RDP) or limited driving privileges. The hardship license allows you to drive to and from specified destinations even when you have a suspended or revoked license. The question many drivers have after a conviction is can you get a hardship license after a DUI in Illinois? Contact our top DUI defense attorneys in Illinois today for a free consultation!
What is a Hardship License?
A hardship license is a license that you get after your driving license has been suspended or revoked which gives you the right to drive to a certain location at specific times. You can apply for a hardship license or an RDP after a driving suspension or revocation.
This type of driving permit is limited. There is a limit on the days, times, and the number of miles that a driver is allowed to drive. The driving permit can be specific for driving to work school or doctor appointments. There are instances where you may be eligible to ask for a restricted license before your driving license has been fully reinstated.
Having your driver’s license suspended or revoked in the state of Illinois does not mean that you automatically qualify for a hardship permit. Also, the hardship permit will not be awarded to you just because you want to drive. There are a set of requirements that you will need to meet before you are awarded the permit.
Reasons You Can Get a Hardship License
First of all, it is important to note that a hardship allowance is only available to first-time offenders. If a driver has had a prior summary suspension within the last five years they may not be eligible for an RDP.
In the case where you are eligible for an RDP, it is necessary for you to request the hardship license from the secretary of state office in writing. It is a must for you to demonstrate that you are in need of the permit and there are several documents such as proof of medical evaluation and treatment that you need to submit.
When you are submitting your application it is important for you to show that you are actually in need to the permit. Dome of the viable reasons that you can give to show that you need to permit are;
- You need to drive to school.
- You need to drive to and from work.
- Medical and disability reasons for a person in your care such as a child, an elderly person or for yourself.
However, even if you do happen to meet all of the above requirements there may still be limitations. Like if for example if your workplace or your school is just around the block you can’t receive the permit. Also, it is important to note that meeting the given guidelines does not mean that you will be eligible for the permit.
Your age will as well be put into consideration when determining if you can be granted the restricted driver’s permit. In some instances, you will as well be awarded a features monitoring device.
How Long Does it Take to Get a Hardship License?
It can take about 90 days for an individual to get the result for their permit. That is approximately 10 to 14 weeks after then making appearing before the Illinois secretary of state for the administrative hearing.
You should keep in mind that there is a waiting period before the formal hearing occurs. Also, even after your request has been approved you may still have to wait for some time before you get the permit.
You will receive a letter by mail in the situation whereby your permit has been approved. In the mail, you will find petitioner-specific requirements that you are expected to meet. Also, you are required to complete the paperwork and then submit it to the Secretary of State.
How Do You Get a Hardship License?
It has been previously mentioned earlier in the article that for you to get a hardship license it is important for you to prove that not having the license will cause you hardship. Also, if you have lost your driver’s license as a result of a DUI it is important for you to show proof of remedial treatments and education that you have taken and your current professional alcohol or drug evaluation.
After that, you will need to appear for a hearing in the secretary of the state department of administrative Hearing. The hearing officer present will take the time to review your driving record so they can make sure that you are not a public safety threat.
Hiring a lawyer that can represent you during this time is crucial to your case. An attorney has more legal knowledge and has previous experience representing clients in your situation. If you are looking for an attorney to help you obtain a hardship allowance after a DUI charge, get in touch with a lawyer from DUI Lawyers 24/7 and let us evaluate your case.