Why So Many Chicago Drivers Are Asking About Permits After Suspension
If you’ve recently had your Illinois driver’s license suspended in Chicago, you’re not alone. Every week, people throughout the city—from Logan Square to Bridgeport—lose their driving privileges due to DUI arrests, chemical test refusals, traffic-related convictions, or point accumulation. For many, the most pressing concern is whether they can legally drive to work, school, or doctor’s appointments while the suspension is in effect.
Illinois has strict laws governing driver’s license suspensions under 625 ILCS 5/6-206 and 625 ILCS 5/6-208, which define how and why a license may be suspended or revoked. However, the law also provides limited relief for some drivers. Depending on the nature of your suspension, you may be eligible for a Monitoring Device Driving Permit (MDDP) or a Restricted Driving Permit (RDP)—both of which are subject to approval by the Illinois Secretary of State.
It’s important to understand that not all suspensions are the same, and eligibility for a permit depends on the reason behind the suspension, your driving history, and whether you’re classified as a first-time or repeat offender. A knowledgeable Chicago criminal defense lawyer can help determine if you qualify for driving relief, and what evidence or documentation will be needed to secure approval.
The MDDP and RDP: Understanding Your Driving Relief Options in Illinois
There are two main types of permits Illinois drivers can seek during a suspension:
An MDDP, or Monitoring Device Driving Permit, is generally available to first-time DUI offenders who have received a statutory summary suspension. This type of suspension occurs when a driver fails or refuses a chemical test at the time of a DUI arrest. The MDDP allows you to drive after the first 30 days of your suspension—but only if you install a Breath Alcohol Ignition Interlock Device (BAIID) in any car you drive. You are required to pay for the installation, monitoring, and monthly maintenance of the device, which includes a camera that photographs every test.
An RDP, or Restricted Driving Permit, is different. It is intended for drivers with more serious violations or who are facing a revocation instead of a suspension. Common scenarios include multiple DUI convictions, habitual traffic offenses, or a suspension stemming from a drug-related offense. To qualify for an RDP, you must attend an informal or formal hearing before the Secretary of State, show undue hardship, and submit to an evaluation and treatment plan for any drug or alcohol issues.
In both situations, the process can be time-consuming and legally complex. Without the help of a skilled Chicago DUI lawyer, your application may be rejected due to incomplete information, inconsistencies, or lack of supporting documentation. A single mistake can force you to wait months before reapplying.
Real-World Case Example: Applying for a Permit After a Second DUI Arrest in South Chicago
Let’s consider a fictional—but realistic—scenario involving a driver in the South Chicago neighborhood. After a second DUI arrest, the individual is convicted and faces a license revocation under Illinois law. He’s a delivery driver and sole provider for his family. With no license, he loses his job.
Rather than risk a Class 4 felony for driving while revoked under 625 ILCS 5/6-303(d), he hires a criminal defense attorney in Chicago to begin the process of applying for a Restricted Driving Permit.
The lawyer arranges a formal hearing with the Secretary of State, ensures that the client completes the required alcohol/drug evaluation, and gathers proof of hardship (job loss, financial distress, dependent care). The hearing officer reviews the case and grants a limited RDP, which allows driving to and from work during specific hours, with a BAIID installed.
Without legal help, this individual likely would have either continued driving illegally—or applied and been denied due to missing key documents or failing to demonstrate hardship properly. The difference is not just legal—it’s life-changing.
What Criminal Charges Trigger Suspension or Revocation?
There are several crimes and violations under Illinois law that can result in a driver’s license suspension or revocation. These include:
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A DUI arrest with a failed or refused chemical test (summary suspension)
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A DUI conviction, even on a first offense (mandatory revocation)
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Driving without insurance (under 625 ILCS 5/3-707)
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Leaving the scene of an accident involving injury
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Drag racing, reckless driving, or fleeing from police
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Drug-related convictions, even if not driving-related
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Accumulating too many points for moving violations
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Driving while suspended or revoked
Some of these offenses are classified as misdemeanors, such as a first-time DUI or driving without insurance. Others are felonies, such as a third DUI, DUI resulting in death, or aggravated driving while revoked.
Each of these outcomes triggers a different type of driver’s license consequence, and each has different rules regarding permit eligibility. Only a well-informed Chicago driver’s license suspension lawyer can fully explain your situation and help you navigate the multiple systems involved—including court proceedings and Secretary of State administrative actions.
Key Evidence Used in Driving Suspension and Permit Cases
When applying for driving relief or defending against a driving while suspended charge, the following types of evidence are typically used:
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Police reports detailing the original offense
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Chemical test results (breath, blood, urine)
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Proof of hardship such as job letters or medical appointments
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Alcohol/drug evaluations and treatment compliance documents
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Driving abstract showing past offenses or clean periods
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Testimony under oath at formal Secretary of State hearings
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Letters of support from employers, doctors, or counselors
In a criminal case—such as driving while suspended—prosecutors may also rely on bodycam footage, dashboard videos, and testimony from arresting officers. If any aspect of the traffic stop, arrest, or suspension notice is flawed, your Chicago criminal defense attorney may be able to file motions to suppress evidence or dismiss the case entirely.
Why Legal Representation Is Essential at Every Stage
Whether you’re trying to obtain a permit or defend against a new driving offense, the stakes are high. A mistake can mean extended suspension, denial of a permit, new criminal charges, and in some cases, time in jail.
An experienced criminal defense lawyer in Chicago can:
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Request and review your complete driving record
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Determine whether you’re eligible for an MDDP or RDP
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Prepare and submit your permit application properly
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Represent you in formal or informal hearings
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Challenge unconstitutional stops or flawed chemical testing
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Protect you from further criminal liability if you’re accused of violating a suspension
Public defenders do not handle permit applications or Secretary of State hearings. You need private counsel if you want to avoid mistakes, delays, and unnecessary consequences.
Chicago Driving Permit and Suspension FAQs
Can I apply for a permit right after my license is suspended?
You must usually wait 30 days from the start of your statutory summary suspension before applying for an MDDP. If your license is revoked, you may have to wait 12 months before requesting a formal hearing. The timeline depends on your offense and history.
What is a BAIID and who pays for it?
The Breath Alcohol Ignition Interlock Device is a small machine installed in your car that requires you to pass a breath test before the vehicle will start. It also photographs you to confirm identity. You are responsible for all costs, including installation, rental, and maintenance.
Do I need to go to court to get a permit?
No. The permit process is handled through the Secretary of State, not the court. However, your lawyer may also be defending your criminal case in court at the same time. Both paths must be handled correctly to protect your record and your right to drive.
What happens if I drive without a permit during suspension?
You could be charged with driving while suspended under 625 ILCS 5/6-303, a criminal misdemeanor that can become a felony if you have prior offenses. Penalties may include jail time, fines, and extension or revocation of your license.
Is an RDP available if I’ve had more than one DUI?
Possibly. Even multiple DUI offenders may qualify for a Restricted Driving Permit, but they must complete evaluations, treatment programs, and demonstrate rehabilitation. You’ll also need to attend a formal hearing, which is highly technical. Legal representation is strongly advised.
Can I use my permit to drive anywhere?
No. Permits are usually limited to specific hours and destinations, such as work, school, court, or treatment. You must submit a detailed schedule and prove the necessity. Violating those limits is grounds for revocation and further charges.
What if I don’t own a vehicle?
You can still qualify for a permit, but you must drive a car that is registered, insured, and equipped with a BAIID if required. You cannot legally operate any vehicle without these protections in place.
How long does it take to get a Restricted Driving Permit?
It depends on your hearing date and whether your paperwork is complete. Informal hearings often yield faster results, but formal hearings can take months. A Chicago driving relief attorney can help move the process along and reduce your wait time.
Why You Should Call The Law Offices of David L. Freidberg
When your license is suspended in Illinois, driving becomes risky. Without proper authorization, one traffic stop can turn into a criminal conviction, a revoked license, or even a jail sentence. Don’t let that happen to you.
At The Law Offices of David L. Freidberg, I work directly with clients in Chicago, Cook County, DuPage County, Will County, and Lake County to fight license suspensions, obtain legal driving permits, and defend against new charges. I know what it takes to protect your rights—and your ability to drive.
Don’t let a suspension or revocation ruin your career, your mobility, or your future. Call The Law Offices of David L. Freidberg for immediate help with DUI charges, suspended licenses, or criminal cases tied to driving in Illinois.
Whether you’re charged in downtown Chicago, Skokie, Maywood, Bridgeview, or Rolling Meadows, we’re ready. We appear regularly in courtrooms throughout Cook, DuPage, Will, and Lake Counties. And we don’t treat aggravated speeding as just another moving violation.
If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.