Does a restricted drivers license in Illinois conflict with the United States Constitution?

I help people get their license back in the state of Illinois. As a license reinstatement attorney in Illinois, I came across a recent example of something that I believe smacks of being unconstitutional. The example occurs when, because of multiple DUI convictions in Illinois, a person is not eligible for full reinstatement of his driving privileges until 7 to 10 years from today. However, this person is eligible today for a restricted driving permit within the state of Illinois, and only within the state of Illinois. So the current laws in the state of Illinois allow the Illinois citizen to obtain a restricted driving permit within the boundaries of Illinois, but the same state will not allow the client to move outside the state of Illinois and obtain any driving relief.

This seems to be an unequal protection of the law or at the very least, a restriction on the liberty of a person to move to a foreign state. Basically, if the client wants to get any form of driving privileges in the entire country, he must remain in the State of Illinois until he is fully eligible for his full driving privileges to be reinstated several years down the road.

In my opinion, the Illinois Secretary of State should allow a client who, after signing an affidavit that he will not return to and reside in the State of Illinois, should be allowed an early opportunity to clear his license so that he can obtain a drivers license and live in another state.

Take a look at our Frequently Asked Questions page if you have any drivers license questions.