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Can you obtain a driving permit if you had a dui suspension-not conviction 5 yrs ago and 2nd dui in 2009?

Chicago, IL |
Filed under: Second DUI

Can you obtain a hardship license or driving permit if you had a dui arrest in 2004 that was dismissed and another arrest in 2009

Attorney Answers 3


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If the suspension was more than 5 years before your newer arrest for DUI in Chicago, you face either a 6 month or a 12 month suspension. You will be eligible during that suspension for an MDDP or monitoring device driving permit. However, if found guilty and convicted, the permit will terminate. If you can obtain supervision, you will continue to be able to use the permit. The use of an experienced Chicago DUI lawyer to navigate these waters is highly recommended.

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Remember that the 5 years is not measured from arrest date to arrest date; it is measured from the date that the first suspension ended (not when it started) to the date of the second arrest. If that is more than 5 years and you took a breath or blood test, your suspension would be for 6 months. If you refused, it would be for 1 year. During the suspension, you are entitled to drive unrestricted provided that you agree to have a device installed in your vehicle to detect alcohol on your breath.

If fewer than 5 years have elapsed between the end of your first suspension and the date of your second arrest, your suspension will be for 1 year if you tested and 3 years if you refused testing. You will not be entitled to any type of driving permit during the suspension.

If you are convicted of the DUI, any driving privileges issued to you will be cancelled. If you fall outside the 5-year provision, you will be immediately eligible to request a restricted driving permit from the Illinois Secretary of State. See my web site for a further explanation of this process.

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