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Four-Time DUI Offenders Could Apply for RDPs under New Bill

Posted on in Criminal defense lawyer

The State of Illinois could allow drivers, who have been convicted of DUI up to four times, to drive if a current proposed bill passes legislation.

Under the current law, only three-time DUI offenders are allowed to apply for restricted driver permits (RDP). In order to apply for a permit, an offender has to meet certain conditions:

  • There must be a hardship to justify an RDP. The offender must also submit a current alcohol and drug evaluation, as well as any recommended proof of treatment or education;
  • The offender must attend a hearing at the Secretary of State's Department of Administrative Hearings. An officer will review the offender’s driving record and determine if issuing the RDP would impose any kind of public safety issue;
  • If two or more of the DUI convictions occurred within the past ten years, then the offender is required to have an ignition interlock device installed in their vehicle. The offender is responsible for all fees associated with device; and
  • The DUI offender must pay the $50 filing fee requesting the RDP.

House Bill 4206 does require the offender to wait at least five years from their last conviction to apply for the RPD. Also, three years of consistent sobriety would have to be documented.

But with that said, the bill would forbid anyone who has been convicted of DUI-related crash that caused a fatality to apply for a permit.

Several anti-drunk driving organizations have thrown their support in favor of the bill’s passage.

In a statement, Mothers Against Drunk Driving (MADD) Executive Director in Illinois Sam Canzoneri, a former police officer, said he has seen too many offenders drive without a license. He supports the law because of the requirement of the initiation interlock device. “If we can get the motorists in the system where we are monitoring them where we are monitoring them and we are making sure that we have safeguards in place," Canzoneri said. "I think that's something we need to look at.”

The executive director of the Alliance Against Intoxicated Motorists, Rita Kreslin, said she supports the bill because of the permit requirements. “A lot of times, people who lose their driving privileges are going to drive anyway,” Kreslin said. “We feel that laws that prevent individuals from ever getting their licenses back after DUI convictions are unproductive. This legislation gives people something to work toward and a reason to remain sober.”

If you have been arrested for DUI, contact an experienced Rolling Meadows criminal defense attorney to make sure your rights are protected in the courtroom.

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