Statutory Summary Suspension

This administrative suspension kicks in automatically 46 days after your DUI arrest if you fail or refuse chemical testing. It has nothing to do with whether you're ultimately convicted in criminal court.

The suspension length depends on two factors: whether you failed or refused the test, and whether this is your first offense.

The logic is straightforward—refusing the test gets you a longer suspension because Illinois wants to discourage refusals.

License Revocation After Conviction

If your criminal case results in a DUI conviction, you face license revocation. This is different from suspension. Suspension is a pause. Revocation means your driving privileges are terminated entirely, and you'll need a formal hearing to get them back.

First-time DUI conviction brings minimum one-year revocation. Aggravated DUI or repeat offenses result in longer revocation periods, sometimes measured in years.

The permit options available to you depend on which situation you're in and your prior history.

Who Qualifies

You're eligible for an MDDP if this is your first DUI-related suspension and you have no prior DUI convictions, supervisions, or statutory summary suspensions within the past five years. The offense cannot involve aggravating factors like causing bodily harm to another person.

Most first-time offenders qualify. The MDDP program exists because Illinois recognizes that most people need to drive for work, family obligations, and daily life.

What the MDDP Allows

Unlike the restricted permit for repeat offenders, the MDDP places no limits on where or when you can drive. Work, grocery store, kids' soccer practice, road trips—all permitted. The only requirement is that you're driving a vehicle with an active BAIID installed.

You can drive vehicles you don't own, as long as they have a BAIID. This matters if you share a car with a spouse or need to drive a work vehicle. Each vehicle you might drive needs its own device installed.

How to Get an MDDP

The process starts when you receive your statutory summary suspension notice from the Secretary of State. That notice includes an MDDP application.

1. File your SR-22 immediately. Don't wait on this step. The Secretary of State needs proof of financial responsibility on file before they'll process your permit application. Your insurer files this electronically with Springfield.
2. Complete the MDDP application and mail it back with the $8 permit fee. The application is straightforward—basic identification and acknowledgment of the program requirements.
3. Once approved, install a BAIID within 14 days. The clock starts when the permit issues, not when you receive it in the mail, so don't delay.
4. After installation, drive legally for the duration of your suspension period.

→ Learn about SR-22 filing requirements and costs

Who Needs an RDP

You'll need an RDP instead of an MDDP if you have:

• Two or more DUI convictions (regardless of how long ago)
• Two statutory summary suspensions from separate DUI arrests
• One DUI conviction plus a statutory summary suspension from a different arrest
• Any DUI that caused bodily harm to another person

RDPs also apply to drivers seeking driving relief after their license has been revoked following conviction, not just suspended administratively.

What the RDP Allows

Unlike the unrestricted MDDP, the RDP limits your driving to specific essential purposes:

• To and from work, including work-related duties if your job requires driving
• Transport yourself or dependents for medical care
• Travel to alcohol or drug treatment programs
• Driving to school or educational activities

That's it. No errands. No social activities. No trips outside those categories. Violating the restrictions puts you at risk of losing the permit entirely and facing additional charges.

The Administrative Hearing Process

Getting an RDP requires more than filling out an application. You'll attend a formal hearing with the Secretary of State's office where you need to demonstrate hardship, rehabilitation, and commitment to compliance.

The hearing evaluates several factors: Why do you need driving privileges? What evidence shows you've addressed the underlying issues that led to your DUI? What's your plan to comply with all requirements going forward?

Preparation matters. You'll need employment verification or a job offer, completion of required drug and alcohol evaluations, documentation of any treatment programs, and evidence of rehabilitation efforts. Many people hire attorneys who specialize in Secretary of State hearings because the process has specific procedural requirements.

File your SR-22 approximately 60 days before your scheduled hearing. The hearing officer will verify SR-22 compliance as part of evaluating your application, and processing takes time.

Application fee is $50, non-refundable regardless of outcome.

How the Device Works

Before starting your vehicle, you blow into the BAIID. The device measures your breath alcohol content. If you register below 0.025 BAC, the vehicle starts normally. If you're above that threshold, the engine won't start.

The 0.025 limit is lower than the 0.08 legal driving limit for a reason. The device accounts for potential error margins and ensures you're completely sober, not just below the legal threshold.

Once driving, the BAIID requires periodic "rolling retests." The device prompts you to provide another breath sample at random intervals while the vehicle is in motion. You have a few minutes to pull over safely and provide the sample. These retests ensure you haven't consumed alcohol after starting the car.

If you fail a rolling retest, the device doesn't shut off your engine—that would be dangerous. Instead, it logs the failure, activates your horn and lights, and records the violation for review.

Camera Monitoring

All Illinois-certified BAIID units include cameras. Every time you blow into the device, it photographs whoever is providing the breath sample. The Secretary of State's office reviews this footage during your regular service appointments to verify you're the one blowing, not a friend or family member trying to help you cheat the system.

This is the most common way people get caught violating their permit terms. Don't try it.

Service Requirements

BAIID devices require regular calibration and data downloads. You'll visit your installation provider on a set schedule throughout your permit period.

MDDP holders start with a service appointment 30 days after installation, then every 60 days thereafter. RDP holders have a similar schedule but may start with 30-day intervals before moving to 60-day appointments.

During service visits, the technician downloads all data from your device—every test, every result, every camera image. They calibrate the device to ensure accuracy. They generate reports that go to the Secretary of State.

Missing service appointments counts as a violation. Set calendar reminders and treat these appointments as mandatory.

Eligibility

You may qualify if:

• Your total household income falls at or below 150% of federal poverty guidelines
• You currently receive TANF (Temporary Assistance for Needy Families) benefits
• You currently receive SNAP (food assistance) benefits

What's Covered

If approved, the program covers your BAIID vendor costs—installation, lease, calibration, and removal. You're still responsible for the $30 monthly monitoring fee paid to the Secretary of State and the $8 permit fee.

How to Apply

Submit income documentation to the Secretary of State's office. If approved, you receive a written determination letter. Present this letter to your chosen BAIID vendor, and they'll install the device without charging you for their services.

Common Violations

• BAC above 0.025 at startup
• BAC above 0.025 during a rolling retest
• Camera footage showing someone other than the permit holder providing a breath sample
• Missed service appointments
• Evidence of tampering or circumvention attempts

What Happens After a Violation

Minor violations may result in a warning or extension of your permit period. Repeated violations or serious issues like tampering can result in permit cancellation, which puts you back to square one—unable to drive legally.

Criminal Consequences

BAIID Removal

Once your permit period ends and you've met all conditions, you can have the BAIID removed. Schedule a final service appointment with your vendor. They'll download the last data set, remove the device, and restore your vehicle to normal operation.

Ongoing SR-22 Requirement

Your SR-22 obligation continues for three years from the original filing date. If you received your MDDP for a six-month suspension, you'll still need to maintain SR-22 for approximately two and a half more years after the BAIID comes out.

Don't let your coverage lapse during this period. The consequences are the same as during your permit period—immediate suspension and your three-year clock restarts.

Full License Reinstatement

If your license was suspended (not revoked), it may reinstate automatically at the end of your suspension period, assuming all requirements are met. Verify your status with the Secretary of State before assuming you're clear.

If your license was revoked, you'll need a formal hearing to regain full driving privileges. This is a separate process from the RDP hearing and has its own requirements.