Revoked or Suspended License

I occasionally have a client with a suspended or revoked driver's license who does a little bit of research on the internet and finds and asks me about Restricted Driver's Permits.  A Restricted Driver's Permit is just what it sounds like—a driver's permit that allows you to drive in certain circumstances.  A Restricted Driver's Permit is considered a form of relief for those who have their license suspended or revoked, though not everyone with a suspended or revoked license will be eligible to apply for this permit.

You can get a Restricted Driver's Permit during a suspension or revocation, provided you are otherwise eligible, if you can show a few things.  To get a Restricted Driver's Permit, you must show an undue hardship because of employment, medical, child, elder or disabled person's day care, educational, support group, or court-ordered community service reasons. It isn't enough that it is inconvenient that you cannot drive; you must show that you lack other reasonable means of transportation such as being driven by someone else, taking the bus or subway, or even walking to where you need to go.

You will also need to show that allowing you to drive once again will not endanger the public safety and welfare.  To do so you have to at least submit a drug and alcohol evaluation where your prior drug and alcohol use and alcohol- and drug- related offenses will be considered. Using this information, the Secretary of State will classify you into one of the following categories:  Minimal Risk, Moderate Risk, Significant Risk, and High Risk.  You will face additional requirements depending on which category you fall into.  If you're a Minimal, Moderate, or Severe Risk, you must complete an alcohol and drug remedial education class.  If you're a Moderate Risk, you must complete an early intervention program, and if you're a Significant Risk, you must complete the drug or alcohol treatment that is recommended by the Secretary of State.  If you are deemed a High Risk, you must provide proof that you have completed the recommended treatment and provide a continuing care status report.

Depending on if you have two alcohol-related driving incidents on your record, you may also be required to install a Breath Alcohol Ignition Interlock Device, a device that is installed in your car so that your car will not start unless you perform a breath test and the device deems you to not be intoxicated.

If you have a suspended or revoked license and struggle to get to where you need to go, contact the experienced attorneys at John W. Callahan, Ltd. to find out if you qualify for a Restricted Driver's Permit.

–Posted by John W. Callahan, license reinstatement attorney