Lately, I have been asked by several people who are facing a three-year suspension for their second DUI as to whether or not there is any eligibility for them to obtain a Restricted Driving Permit with the Secretary of State. I have been handling license reinstatement cases for well over 20 years and because of a change in the law approximately two years ago there is now a window of opportunity for those people charged with a second DUI who are facing the three-year suspension for refusing the breathalyzer test on the most recent arrest.
I have had several clients come to me after their attorneys told them that there is no potential permit on a three-year suspension. While this used to be true and the Secretary of State had what was called a hard-time requirement wherein no relief to get a person up and driving during that three-year suspension was available. The law changed now, and it does allow a hearing for that permit. Most of the time this can be done at the informal hearing process in order to obtain a permit and it would be very similar to a license reinstatement hearing that would be done with the Secretary of State as of the person had actually been revoked for a DUI rather than just being suspended. Not only have we been successful at obtaining these permits on the three-year suspensions for some of our clients, but we have also been able to renew those permits successfully while their DUI cases have been pending in court.
If you are looking to get driving relief while you are on a three-year suspension, you should feel free to contact my office at any time to discuss whether or not you are in fact eligible for a hearing and how we can help you with that process.