Many people do not realize that being arrested for driving under the influence carries an immediate administrative penalty. Even if a person is not convicted of drunk driving, he or she may still be subject to a statutory summary suspension. The suspension period is six months if the person failed a chemical blood alcohol content (BAC) test and 12 months if the person refused to take a BAC test.
Conviction for driving under the influence results in a driver’s license revocation of one year for a first-time offense. If your license was suspended or revoked, you may not drive any vehicle. Doing so is a criminal offense that carries serious penalties. Fortunately, you may be eligible for a driving permit that provides full or partial driving relief.
Monitoring Device Driving Permit
Driving on a suspended license is a Class A misdemeanor punishable by jail time, community service, and steep fines. If you were arrested for alleged drunk driving and your license was suspended, do not risk further criminal charges by driving without a valid license.
You may be eligible for a Monitoring Device Driving Permit (MDDP), which will allow you to drive legally during your suspension period. You qualify for an MDDP if:
- You are aged 18 years or older
- You did not receive a summary suspension or conviction for drunk driving within the past five years
- Your driver’s license is valid (other than being suspended because of the DUI arrest)
- The DUI arrest did not involve an accident causing injury or death
- You have not been previously convicted of aggravated DUI
To receive an MDDP and regain driving privileges, you will need to have a breath alcohol ignition interlock device installed in your car. This device is like a breathalyzer. You will need to blow into the device to prove that you are sober before the car will start.
Restricted Driving Permit
A Restricted Driving Permit partially restores driving privileges for individuals convicted of drunk driving. To get an RDP, you must attend a hearing with the Secretary of State and prove that you will drive safely and not re-offend.
You may qualify for an RDP if:
- Your inability to drive is causing a hardship such as being unable to get to and from work.
- You can show proof of auto insurance.
- You have undergone a drug and alcohol evaluation.
- You have completed any required drug and alcohol treatment.
- A breath alcohol ignition interlock device is often a requirement for an RDP.
Contact a Crystal Lake DUI Defense Lawyer
If you were arrested for drunk driving, contact the knowledgeable McHenry County criminal defense attorneys at Botto Gilbert Lancaster, PC for help. Call our office at 815-338-3838 for a free consultation.