Are you confused about whether you need a Monitoring Device Driving Permit or a Restricted Driving Permit after your Illinois DUI arrest? The distinction between these two permits creates significant confusion for drivers seeking to restore privileges, yet understanding which applies to your situation is critical to getting back on the road legally. Many drivers mistakenly apply for the wrong permit or fail to meet eligibility requirements, resulting in extended periods without driving privileges. The Illinois Secretary of State offers two distinct types of driving relief - the MDDP for first-time offenders during statutory summary suspension and the RDP for revoked drivers or those who don't qualify for an MDDP. As an Illinois license reinstatement attorney with over 20 years of experience including my time as a former Will County prosecutor, I've helped hundreds of clients navigate these permit options and understand which path leads to fastest restoration of driving privileges.
What Is a Monitoring Device Driving Permit
The Monitoring Device Driving Permit under 625 ILCS 5/6-206.1 is available exclusively to first-time DUI offenders during their statutory summary suspension period. The MDDP allows you to drive 24 hours per day, seven days per week, for any purpose without time or location restrictions. The critical requirement is that you must install and maintain a Breath Alcohol Ignition Interlock Device in every vehicle you operate. The MDDP is not issued through Secretary of State hearings but rather through an administrative application process that begins automatically when you receive your statutory summary suspension notice. You become eligible 30 days after your suspension begins if you failed chemical testing or one month after if you refused testing. The MDDP remains valid for the duration of your suspension period - six months for first-time failures or 12 months for first-time refusals. Understanding the differences between Illinois hardship permits helps clarify when MDDPs apply versus other options.
What Is a Restricted Driving Permit
A Restricted Driving Permit under 625 ILCS 5/6-205 and 625 ILCS 5/6-206 is available to drivers whose licenses have been revoked or who are ineligible for MDDPs. Unlike the MDDP, the RDP restricts when and where you can drive, limiting travel to specific purposes including employment, medical appointments, educational activities, alcohol or drug treatment, and transporting household members to childcare or school. The RDP requires approval through a formal or informal hearing before the Illinois Secretary of State where you must prove you've resolved your alcohol problems and demonstrate genuine hardship. For drivers with two or more DUI convictions, the RDP requires BAIID installation. The application involves submitting comprehensive documentation including current alcohol and drug evaluations, proof of treatment completion, character references, and SR-22 insurance. If you've been denied at a previous hearing, learn more through our license reinstatement FAQ page.
Who Qualifies for MDDP Versus RDP
Eligibility requirements differ substantially based on your DUI history and license status. You qualify for an MDDP only if you are a first-time offender, meaning you have not had a statutory summary suspension, DUI conviction, or court supervision for DUI within five years of your current arrest. You are ineligible for an MDDP if your DUI arrest resulted in death or great bodily harm to another person, if you have previous conviction for reckless homicide or aggravated DUI involving death, if you are under 18, or if your driving privileges are otherwise invalid or revoked. You must pursue an RDP instead if your license has been revoked, if you have multiple DUI convictions, if you were denied an MDDP due to violations, or if you don't meet the first-offender definition. Drivers who committed serious violations resulting in MDDP cancellation must seek RDPs for the remainder of their suspension period. Out-of-state residents can explore relief options on our out-of-state hearing page.
How Application Processes Differ
The application procedures for obtaining MDDPs versus RDPs follow entirely different paths. For MDDPs, the process is largely automatic - when you receive your statutory summary suspension confirmation, the Secretary of State simultaneously mails you MDDP program information including a tear-off application form. You complete and return this form requesting MDDP issuance, select a certified BAIID installation provider from the approved vendor list, and pay required fees including a $30 monthly monitoring fee to the Secretary of State plus installation fees of approximately $100 to $125 and monthly rental fees of $75 to $100 to your BAIID provider. The Secretary of State issues your MDDP without requiring a hearing, and you must install your BAIID within 14 days or face cancellation. In practice, what most attorneys don't tell you about MDDP applications is that hearing officers expect drivers to have their BAIID installed and compliant before applying for subsequent RDPs, making early MDDP participation strategically important even if you later need an RDP.
RDP Application and Hearing Process
RDP applications require substantially more preparation than MDDP applications. You must determine whether you qualify for an informal or formal hearing. Informal hearings are available only to first-time DUI offenders seeking full license reinstatement after completing their revocation period, conducted on a walk-in basis at Driver Services facilities without advance scheduling or filing fees. Formal hearings are mandatory for drivers with two or more DUI convictions, those seeking RDPs during revocation periods, and those whose offenses involved fatalities or serious injuries. You must submit a written formal hearing request with a $50 filing fee and wait four to ten weeks for your scheduled hearing. You must gather comprehensive documentation including a current alcohol and drug evaluation completed within six months by an Illinois-licensed provider, proof of completion of all required treatment based on your risk classification, court-ordered class completion certificates, current SR-22 insurance, BAIID compliance reports if applicable, and character reference letters. The hearing itself is an adversarial proceeding where a Secretary of State hearing officer and attorney question you about your DUI history, treatment participation, current drinking patterns, and reasons you need driving privileges.
Driving Restrictions for MDDP Versus RDP
The scope of driving privileges differs dramatically between MDDPs and RDPs. With an MDDP, you can drive anywhere, anytime, for any reason without geographic or temporal limitations. The only restriction is that you must drive vehicles equipped with properly functioning BAIIDs that you blow into before starting the vehicle and randomly during operation. In contrast, RDPs impose strict limitations on when and where you can drive. Your RDP order specifies exactly what purposes justify driving, typically limited to travel directly to and from employment, medical appointments for yourself or household members, educational activities, alcohol or drug treatment programs, and transporting children or elderly household members to childcare or school. Your RDP lists specific days and hours when driving is permitted, and you must carry the RDP document whenever driving. Driving outside your authorized times or purposes while holding an RDP constitutes driving on a suspended license, a criminal offense carrying severe penalties including potential felony charges.
BAIID Requirements for Both Permits
Both MDDPs and RDPs typically require Breath Alcohol Ignition Interlock Devices, though requirements differ slightly. For MDDPs, BAIID installation is mandatory with extremely limited exceptions - only drivers whose vehicles are owned by employers and used exclusively for employment can potentially qualify for employer exemptions. The BAIID must be installed in every vehicle you own or regularly operate. For RDPs, BAIID requirements depend on your DUI history - drivers with two or more DUI convictions, two or more statutory summary suspensions, or one DUI conviction combined with one summary suspension must install BAIIDs as a condition of RDP issuance. The device requires you to provide a breath sample reading below .025 BAC before your vehicle will start, and you must provide rolling retests at random intervals while driving. Monthly monitoring reports from your BAIID provider go directly to the Secretary of State, and any violations including failed tests, missed tests, or tampering attempts are recorded and can result in permit revocation or extension of your suspension period.
Costs for MDDP and RDP Programs
Financial obligations for both permit types include multiple fee components. For MDDPs, you pay a $30 monthly monitoring fee to the Illinois Secretary of State for the duration of your statutory summary suspension. You also pay your BAIID provider installation fees ranging from $100 to $125, monthly device rental fees of $75 to $100, and calibration service fees every 30 to 60 days. Over a six-month MDDP period for first-time failures, total costs typically reach $900 to $1,200. For 12-month MDDP periods following refusals, costs can exceed $1,800. You must also maintain SR-22 high-risk insurance. For RDPs, costs include the $50 formal hearing filing fee, $8 RDP issuance fee, alcohol and drug evaluation fees of $200 to $300, treatment program costs ranging from $200 to $2,000 depending on your risk classification, BAIID costs identical to MDDP requirements if mandated, SR-22 insurance, and potential attorney fees of $1,500 to $3,500 for hearing representation. The Secretary of State offers indigent status waivers for some fees if your monthly income is at or below 150 percent of federal poverty guidelines.
Violations of Permit Requirements
Violations of permit conditions carry serious consequences. For MDDPs, the Secretary of State will extend your statutory summary suspension for an additional three months if you violate MDDP rules such as failing to maintain current BAIID calibration, driving vehicles not equipped with your registered BAIID, or accumulating traffic violations. After three extensions, the Secretary of State may order vehicle impoundment for 30 days, and after four extensions, vehicle forfeiture becomes possible. More serious violations including testing positive for alcohol on your BAIID, being convicted of driving on a suspended license while on an MDDP, receiving a new DUI conviction, or being convicted of reckless driving result in MDDP cancellation. When your MDDP is cancelled, your statutory summary suspension is extended for twice the original suspension period, and you cannot obtain another MDDP - your only option for driving relief becomes an RDP through a formal hearing. For RDPs, violations such as driving outside your authorized times or purposes, failing BAIID tests, or receiving new traffic violations can result in RDP revocation, extended revocation periods, and criminal charges.
Transitioning to Full Reinstatement
Understanding your options when your MDDP or RDP period ends is essential for timely restoration of full driving privileges. When your MDDP period expires at the conclusion of your statutory summary suspension, your driving privileges do not automatically reinstate. If you were subsequently convicted of DUI during your suspension period, your license becomes revoked and you must apply for an RDP or full reinstatement through Secretary of State hearings. If your DUI charges were dismissed or reduced to reckless driving, you may be eligible for immediate license reinstatement by paying the $250 reinstatement fee and providing proof of SR-22 insurance. For drivers holding RDPs who have completed their minimum revocation periods and maintained BAIID compliance, you can petition for full license reinstatement through another formal or informal hearing where you present updated evaluations, continued treatment or sobriety evidence, and proof of responsible driving during your RDP period.
If you need help determining whether you qualify for an MDDP or RDP, or if you've been denied driving privileges and need to appeal, contact the Law Office of Jack L. Zaremba immediately for a free consultation. We handle MDDP applications, RDP hearings, and full license reinstatement for drivers throughout Illinois and out-of-state residents with Illinois holds. Visit our contact page or call 815-740-4025.
