What You Need to Know About Hardship Licenses After a DUI in Illinois

A DUI Arrest in Chicago Can Cost You Your License—But You May Still Be Able to Drive

Getting pulled over for DUI in Chicago can change your life in seconds. Whether you were stopped in Uptown, Logan Square, or on the Eisenhower Expressway, what happens after the flashing lights go out can impact your job, your family, and your freedom to move. One of the first things many drivers lose is their license—even before they’ve been found guilty.

That’s because Illinois law imposes a Statutory Summary Suspension when you either fail or refuse chemical testing during a DUI investigation. This is an administrative penalty, separate from any criminal conviction. The suspension can begin automatically 46 days after your arrest, regardless of how your criminal case plays out.

But Illinois law also allows for certain drivers to apply for a Monitoring Device Driving Permit (MDDP) or a Restricted Driving Permit (RDP)—commonly called hardship licenses. These limited driving permits may allow you to get to work, school, or treatment programs even while your license is suspended.

As a Chicago DUI lawyer, I’ve helped many clients navigate this confusing and time-sensitive process. Here’s what you need to understand if you’re trying to stay on the road after a DUI arrest in Illinois.

Understanding the Statutory Summary Suspension and Your Rights

Under 625 ILCS 5/11-501.1, anyone arrested for DUI in Illinois who either fails a breath test (BAC 0.08 or higher) or refuses testing altogether will face a license suspension imposed by the Secretary of State. This suspension is automatic and separate from any court ruling. Here are the typical suspension periods:

Failed chemical test (first offense): 6-month suspension
Refusal to test (first offense): 12-month suspension
Failed test (second or subsequent offense): 12-month suspension
Refusal to test (second or subsequent): 36-month suspension

You do have a right to challenge the suspension by filing a Petition to Rescind—but you must act fast. The petition must be filed within 30 days of your DUI arrest, and the hearing must take place before the suspension begins.

If your Chicago criminal defense attorney is successful at the hearing, your suspension may be canceled entirely. But if the petition fails or you miss the deadline, your license will be suspended, and you’ll need to consider your options for limited driving privileges through a hardship license.

How Hardship Licenses Work: MDDP vs RDP

Once your DUI suspension goes into effect, your eligibility for a hardship license depends on your driving history.

First-Time Offenders – Monitoring Device Driving Permit (MDDP):
If this is your first DUI offense in five years, you are likely eligible for an MDDP. This permit allows unrestricted driving as long as a Breath Alcohol Ignition Interlock Device (BAIID) is installed in your vehicle. This device requires you to blow into it before your car will start, and it will randomly retest you while driving.

To apply, you must:

Wait until your suspension begins
Submit an application to the Secretary of State
Pay the required fees
Install the BAIID and agree to monitoring

MDDP is not available if you had a DUI-related fatality, were driving without a valid license or insurance, or if you have prior DUIs within five years.

Repeat Offenders or Drivers with Prior Suspensions – Restricted Driving Permit (RDP):
If you’re not eligible for an MDDP, you may still qualify for an RDP. This permit is not automatic and requires a formal hearing with the Secretary of State. You’ll need to show:

Undue hardship caused by lack of driving privileges
Proof of alcohol/drug evaluation and completed treatment or education
That you pose no current risk to public safety

The RDP limits where, when, and why you can drive. You must show documentation supporting each need—work schedules, medical appointments, school enrollment, etc.

Your Chicago DUI lawyer plays a critical role in preparing you for this hearing. You’ll be required to answer questions, submit proof of compliance, and may be required to wait out a “denial period” before reapplying if you’re turned down.

DUI Criminal Penalties and License Consequences Work Side by Side

While you’re pursuing a hardship license through the administrative system, you’ll still be dealing with the criminal side of your DUI case in court. This is where many people get confused—because your license can be suspended before you’re convicted, and if you are convicted, additional penalties may follow.

A first-time DUI offense is a Class A misdemeanor under 625 ILCS 5/11-501, punishable by:

Up to 364 days in jail
Fines up to $2,500
Mandatory counseling and alcohol education
Court supervision, if eligible (avoids a conviction)

But if you’ve had a prior DUI, caused bodily injury, had a child passenger, or were driving without a license or insurance, the case may be upgraded to a felony DUI, classified as a Class 4, Class 3, or even Class 2 felony.

A felony conviction can lead to:

1 to 7 years in state prison
Felony record
Revocation of your license for years
Ineligibility for MDDP, and stricter RDP standards

This is why it’s not just about getting a hardship license—it’s also about fighting the underlying charge. A skilled DUI defense lawyer in Chicago works both sides of the issue: defending you in court and helping you apply for limited driving relief.

Sample Case from West Garfield Park: Defense and License Relief

A driver in West Garfield Park is pulled over after allegedly running a stop sign. The officer claims the driver appeared intoxicated, performed poorly on field sobriety tests, and refused to take a breath test. The driver is arrested and charged with DUI.

Because of the refusal, a 12-month summary suspension is automatically entered. The driver misses the 30-day window to file a rescission petition. This is the individual’s first DUI in over a decade.

After hiring a Chicago DUI attorney, we confirm the driver qualifies for an MDDP. We submit the necessary forms, assist with BAIID setup, and ensure monitoring compliance. This allows the client to continue working full-time in the suburbs, despite the ongoing criminal case.

Meanwhile, we challenge the arrest in court by filing a motion to suppress, arguing the officer had no probable cause for the stop. Dashcam footage contradicts the officer’s statement about the stop sign. The judge agrees, and the DUI charge is dismissed.

The client avoids a conviction, completes the MDDP period, and regains full driving privileges.

This outcome was only possible because we handled both the criminal defense and the administrative license reliefprocesses with precision and urgency.

FAQs – Chicago DUI Suspension and Hardship Licenses

What’s the difference between license suspension and revocation in Illinois?
A suspension is temporary, and your license can be reinstated after fulfilling conditions. A revocation means your license is canceled, and you must apply for reinstatement after a waiting period. Suspensions typically follow arrest or refusal to test, while revocations follow convictions.

Can I drive for work purposes with a suspended license in Chicago?
Not unless you’ve been granted an RDP or MDDP. Driving on a suspended license due to DUI is a criminal offense. First-time offenders may face Class A misdemeanor charges, while repeat offenses can lead to felony charges.

Is there a fee to apply for a hardship license?
Yes. You must pay application fees, BAIID installation and monitoring costs, and possibly a hearing fee for an RDP. These vary depending on your situation. Your Chicago DUI lawyer will break down the full cost before filing.

Can I apply for an RDP if I’ve had multiple DUIs?
Possibly. Even drivers with two or more DUIs may qualify for an RDP after a minimum waiting period and with strong evidence of rehabilitation. The Secretary of State will carefully evaluate your history, evaluation reports, and risk assessment.

Do I still need a BAIID if I only want to drive to work?
Yes. Most hardship licenses require you to install and use a BAIID, regardless of how limited your driving is. Exceptions are rare and must be justified and approved during the hearing process.

Can I attend the hardship license hearing alone?
You can, but it’s not recommended. The hearing is a legal proceeding. Errors or lack of preparation often lead to denials. A criminal defense attorney in Chicago who handles Secretary of State hearings knows what documents, testimony, and strategy are needed to get you approved.

How long does it take to get a hardship license after applying?
It varies. MDDPs are usually processed quickly—within a few weeks. RDPs take longer, often 2 to 3 months, especially if a formal hearing is required. Early action helps avoid unnecessary delays.

What happens if I violate the conditions of my hardship license?
Violating terms—like tampering with your BAIID or driving outside approved hours—can result in immediate cancellation of your permit, new criminal charges, and denial of future driving privileges. The consequences are severe, which is why legal support matters.

Get Help Before It’s Too Late – Your License Is Worth Fighting For

Hardship licenses are your best shot at keeping your life together after a DUI suspension. But these permits don’t come automatically, and the process is filled with deadlines, paperwork, and legal pitfalls. One mistake could keep you off the road for a year or longer.

At The Law Offices of David L. Freidberg, we’ve helped drivers throughout Chicago, Cook County, DuPage County, Will County, and Lake County protect their rights, restore their driving privileges, and fight DUI charges from start to finish.

Why You Need an Attorney and Why You Should Call The Law Offices of David L. Freidberg

DUI charges in Chicago—whether filed as misdemeanors or felonies—carry serious consequences that won’t go away on their own. Weather might explain your driving, but it won’t stop prosecutors from pursuing the case. You need a Chicago DUI attorney who can present evidence, challenge police assumptions, and fight to protect your future.

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.

Don’t gamble with your license, your freedom, or your record.