Belleville Driver's License Reinstatement Lawyer

Driving is a privilege most people take for granted until they lose it. Losing your license after a DUI affects every single part of your life. From commuting to work to taking the kids to school and all those daily responsibilities you need to uphold, you need to drive. Although it may seem like a dead end, Illinois does provide multiple pathways to restoring driving privileges, though the best way to get there is with the help of The Conner Law Firm.

The Conner Law Firm helps people in St. Clair, Monroe, and Madison Counties, and throughout southern Illinois get their driving privileges restored after DUI through MDDP, RDP, and Secretary of State hearings to get you back on the road legally. Erin K. Conner has the knowledge and experience to guide you through the options available to you, and the applicable process to achieve restoration of your driving privileges in Illinois.

Statutory Summary Suspension

A statutory summary suspension happens automatically in Illinois. Under 625 ILCS 5/11-501.1, it puts a mandatory administrative driver’s license suspension after a DUI arrest. While a DUI defense lawyer is essential for those charges, another role they can provide is helping you with the administrative action. It is separate from your DUI case and happens regardless of its outcome in your criminal case, unless your attorney addresses it.

Automatic Suspension

If you either fail or refuse any chemical test – breath, blood, or urine – when pulled over for DUI, your driving privileges are subject to automatic suspension, absent court intervention to halt the suspension. A first offense with a failed test and a BAC of 0.08% or higher, or 5+ ng/mL of THC, results in a 6-month suspension of your license.

The 46-Day Rule

If you are arrested for DUI, your traffic violations attorney in Belleville will tell you about the 46-day rule. This is when your suspension officially begins, which is 46 days after the Notice of Statutory Summary Suspension is issued. In the event that this is a second or subsequent offense, the suspension could increase to one year for a failed test or 3 years for refusing the test if another offense happened within 5 years.

Many people arrested for DUI who do not seek legal representation don’t realize that driver’s license suspension is part of the consequences of their arrest, and specific actions must be taken within strict timeframes to challenge what is otherwise an automatic suspension. If arrested for DUI, it is critical that you contact an experienced attorney to preserve your rights and the ability to challenge the officer's allegations against you.

MDDP and BAIID

MDDP and BAIID requirements in Illinois are also important to understand after a DUI arrest. A monitoring device driving permit (MDDP) can be obtained by first-time DUI offenders during the statutory summary suspension. Getting this permit requires you to have a breath alcohol ignition interlock device (BAIID) installed in your vehicle.

If you are a first-time offender, you are eligible for this relief, though it usually starts on the 31st day of your suspension. With a MDDP, you can drive anywhere at any time, as long as your vehicle is equipped with a BAIID. The BAIID must be installed on all vehicles you drive within 14 days of having your MDDP issued.

The BAIID keeps your vehicle from starting if your BAC is over 0.025%. It also requires random retests while you’re driving. You’ll have to pay a monthly monitoring fee along with installation and rental of this device. If the BAIID reads 0.05% or higher, you skip a required retest, or you tamper with this device, it triggers a violation. A formal letter will be issued requiring your response within 21 days, and you may lose your MDDP along with facing an extended suspension. Driving without a BAIID during your suspension period is even worse, which results in new charges.

RDP and Secretary of State Hearings

Illinois allows for Restricted Driving Permits (RDPs) and hearings with the Secretary of State to allow anyone who lost their license due to a DUI to regain their driving privileges. An RDP is a hardship license that allows you to drive for specific purposes. These are typically limited to commutes to work, an educational institution, for medical care, or for any court-required obligations.

The key here is the “undue hardship". You must prove that not having a driver’s license causes you extreme hardship rather than simply being inconvenient, and you have a lack of alternative transportation. A letter from your employer, enrollment from school, and other documentation will be required to prove you have a legitimate place to drive while using your RDP. You will also need to have a BAIID installed on every vehicle that is registered in your name.

What to Know About Secretary of State Hearings

Informal hearings are allowed for first-time DUI cases with no fatalities. Appointments are not required for these, though they are for formal hearings. If you have multiple DUIs on your record, caused a fatality while under the influence, or you were denied an informal hearing, you must schedule a formal hearing. Multiple DUI offenders must abide by a 5-year RDP requirement before they can get full reinstatement. If you need to schedule a formal hearing, you must submit a written request and pay a $50 fee. There are four main locations for these hearings, and near Belleville, you’ll find one in Mount Vernon. The Conner Law Firm can help you make sure that you take the right steps to proceed with getting your license back.

The Full Reinstatement Process

Regaining your full driving privileges after a DUI arrest requires you to attend a hearing, either informal or a formal legal procedure before a Secretary of State officer to prove your rehabilitation. You will need to undergo an updated evaluation, complete a risk education program, and have a BAIID installed at your expense.

You’ll also have to pay a $500 reinstatement fee, prove that you have financial responsibility through insurance, and pass a new driver’s license exam. The last step requires testing on all 3 metrics – written, vision, and a physical driving test – before you can get your privileges back.

Criminal Defense Lawyer

Call (618) 277-2421 or contact the office online to schedule your initial consultation.

Frequently Asked Questions

How do I get my license back after a DUI in Illinois?

You will have to undergo many steps to get your Illinois driver’s license back after a DUI. This requires an alcohol and drug evaluation to determine your risk level, DUI risk education or substance abuse program courses, and proof of high-risk insurance through an SR-22 certificate. If your license was revoked rather than suspended, you need to attend a reinstatement hearing, pay the fees, and retake the full spectrum of driving test requirements to get it back. A Belleville driver’s license reinstatement lawyer at The Conner Law Firm can help you work through all these requirements.

What is the difference between MDDP and RDP?

There are some key differences between MDDP and RDP. MDDP is available to first-time DUI offenders during their mandatory statutory summary suspension. It allows for unrestricted driving at any time and for any reason, as long as a BAIID is installed on the vehicle. RDP is for drivers who have revoked licenses or with multiple DUI convictions. BAIID is also required to be on the vehicle though the RDP restricts the times, routes, and purposes for which you can be behind the wheel.

For example, a person who gets arrested for DUI who is a first-time offender and gets their license suspended can get an MDDP to drive to work, to the supermarket, pick up the kids, or drive to leisure activities as long as the vehicle they drive has a BAIID installed. Someone with multiple DUI convictions will not have those privileges and instead, have an RDP that only allows them to drive between specific hours (such as 7am to 7pm) for the purpose of getting to work or picking up their children from school.

Contact The Conner Law Firm

While many of the processes available to individuals who have lost their driving privileges in Illinois can be pursued without an attorney, your desired result may be beyond reach without an attorney familiar with the procedures, standards, and pitfalls. Ms. Conner is familiar with the factors given most importance by hearing officers, and can guide your case from criminal proceedings all the way through the administrative restoration process.

The Conner Law Firm helps people in St. Clair, Monroe, and Madison Counties, and throughout southern Illinois get their driving privileges restored after DUI suspensions and revocations, getting you back on the road through a legal route. Call 618-277-2421 for license reinstatement help through a criminal defense attorney in Belleville.