Will You Qualify for an Illinois Hardship License After a DUI?

 Posted on April 30, 2025 in DUI/DWI

While little hard data exists, it is estimated that more than 11 million people in the U.S. have had to deal with a driver’s license suspension. While many of these suspensions are for DUI convictions, others are due to debt-based reasons, such as failure to pay traffic fines or court fees. Driver’s license suspensions can also result from a failure to pay child support or a failure to appear in court.

In some cases, drivers can benefit from a hardship license or another form of restricted driver’s license. Driver’s license suspensions disproportionately affect those with lower socioeconomic status and people of color and can directly affect a person’s ability to work, receive health care, attend school, and handle other essential life issues. The ability to drive provides freedom and flexibility to commute, maintain social and professional connections, and manage necessary errands.

If you have had your driving privileges suspended or revoked, your routine and overall quality of life can be significantly disrupted, resulting in personal and financial stress. Depending on the circumstances, it may be possible for some Illinois drivers to regain limited driving privileges through a restricted driving permit. The process can go much more smoothly with a potentially better outcome when you have a Grundy County, IL restricted driving permits attorney by your side.  

What Is a Hardship License?

A hardship license is also known as a Restricted Driving Permit (RDP). The RDP is granted to a person whose regular driver’s license was suspended or revoked. Eligible drivers must demonstrate a legitimate need to be granted hardship driving privileges. Generally, an RDP allows driving only for essential purposes such as:

•  Commuting to and from work
• Attending training for a job
• Attending school
• Medical appointments
• Court-ordered treatment programs
• Transporting family members who rely on the driver to get to necessary places

An RDP is not a full license; those granted an RDP must abide by strict limitations, only driving on approved routes during approved hours. There may be no other recourse if the RDP is revoked for non-compliance.  

Who Qualifies for a Hardship License in the State of Illinois?

There is usually a waiting period, which varies based on the severity of the offense, before an individual is granted an RDP. For example, first-time DUIs have a shorter waiting time than second, third, or subsequent DUIs. It must be shown that not having a driver’s license significantly burdens the ability to fully live life.

If the license loss was the result of a DUI, any issues related to substance abuse must be addressed. This includes completion of a drug and alcohol evaluation or a treatment or education program.  It also includes the installation of a breath alcohol ignition interlock device (BAIID). The driver must blow into the BAIID every time before starting the vehicle and at random intervals while driving. The vehicle will not start if alcohol is detected on the driver’s breath.

A BAIID costs the driver money to have it installed on his or her vehicle, and there is a monthly fee, usually between $75 and $100. The person seeking a hardship license must appear before a hearing officer in the Secretary of State’s Department of Administrative Hearings for a review of his or her driving record.

This review is to determine whether allowing the driver to drive on a limited basis threatens public safety in any way. A driver with two or more alcohol-related driving incidents must have the BAIID installed for the duration of the RDP. Those under the age of 16 are not eligible for an RDP.

Contact a Will County, IL Defense Lawyer

If you meet all the eligibility requirements for an RDP, an experienced Grundy County, IL restricted driving permit attorney from Law Offices of Jack L. Zaremba, P.C. can help you obtain a hardship license. Attorney Zaremba has more than 20 years of experience in criminal law and can advise you of your options and provide you with the legal representation necessary to obtain a hardship license. Call 815-740-4025 to schedule your free consultation.