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Understanding DUI Revocations in Illinois
In Illinois, the ability to drive is vital for work, school, and participating in everyday life. When driving privileges are revoked for DUI, it can create significant challenges. After a DUI revocation, the law provides a structured pathway for reinstatement. Wirth Law is committed to helping individuals understand their options and navigate the legal process involved in restoring driving privileges after a DUI revocation.
Illinois DUI Convictions and Driver’s License Revocation
Under Illinois law, a conviction for driving under the influence (DUI) results in the automatic revocation of an individual’s driving privileges. A revocation, unlike a suspension, is an indefinite removal of the privilege to drive. An individual must successfully attend a hearing with the Illinois Secretary of State to obtain driving privileges again after a DUI revocation.
At a hearing, the Illinois Secretary of State evaluates whether an individual has resolved their issues related to substance use and has taken steps to ensure future safe driving behavior. During the process, an individual must obtain a drug/alcohol evaluation, complete any recommended treatment, and successfully testify at their administrative hearing to obtain driving privileges again.
At the conclusion of a driver’s license hearing, the Secretary of State has ninety (90) days to issue a written decision. The decision outlines several findings of fact, applies relevant law, and makes a recommendation to grant or deny driving relief. If driving relief is granted, the Secretary may approve a hardship permit, restricted driving permit (RDP), out-of-state clearance, or full reinstatement of a driver’s license.
If driving privileges are denied, an individual can attend another hearing once ninety (90) days have elapsed from the most recent formal hearing. Many individuals contact our office after receiving a denial order to retain a license reinstatement attorney for their next hearing. We commonly combat reasons for denial, such as minimizing or questioning the effectiveness of treatment. In our experience, the best solution is to address the concern and resolve it before attending another hearing.
Out-of-State DUI Convictions Affecting Illinois License Holders
An Illinois driver’s license can be revoked if an out-of-state DUI conviction is reported to the Illinois Secretary of State. Under principles of reciprocity, Illinois respects DUI convictions from other jurisdictions and will revoke an Illinois-licensed driver who receives a DUI in another state.
This provision serves to prevent individuals from evading consequences by crossing state lines. Once the Secretary of State receives notification of an out-of-state DUI conviction, the license reinstatement process is the same as if the incident had occurred in Illinois. Restoration of driving privileges still will require completion of the formal reinstatement process.
Reckless Homicide and Illinois License Revocation
Reckless homicide involving a motor vehicle is a serious offense with significant consequences for driving privileges. If convicted, the Illinois Secretary of State will automatically revoke a person’s driving privileges.
A reckless homicide offender cannot request driving privileges until two years have passed since their incarceration for the offense. The code does not set a bar on a permit in cases where a person did not receive a sentence of incarceration.
Reinstatement after reckless homicide requires a formal hearing and compelling evidence of rehabilitation, remorse, and readiness to drive safely in the future. Depending on the circumstances of the case, the Secretary may require various items at a hearing, including a drug/alcohol evaluation, treatment records, or character letters.
Out-of-State Clearance Following Revocation
When an individual relocates to another state while holding a revoked Illinois license, the revocation follows them on the National Driver Register. This federal database communicates license status across states, ensuring that driving privileges are not issued elsewhere until the Illinois revocation is cleared.
To obtain out-of-state clearance, an individual must petition the Illinois Secretary of State through an in-person hearing or an out-of-state packet. This generally involves submitting documentation of rehabilitation, such as a drug/alcohol evaluation or treatment records. If successfully, the Secretary of State may grant clearance for the individual to apply for a license in their state of residence.
Eligibility for Driving Privileges after a DUI Revocation in Illinois
Many clients contact our office after a revocation and assume that they need to wait for their projected reinstatement eligibility date to attend a hearing. However, often clients are eligible to apply for a Restricted Driving Permit (RDP) prior to becoming eligible for full reinstatement. After a DUI revocation, an individual should consult with an experienced driver’s license reinstatement attorney to provide options after a driver’s license revocation.
Eligibility is determined by several factors in the Illinois Vehicle Code, as well as specific provisions in the administrative code for the Secretary of State. Many factors can impact reinstatement eligibility, such as length of time since the revocation, any potential credit for a previous suspension, and specific eligibility provisions in the law that apply to certain classes of offenders. With proper legal guidance, many individuals can regain some form of driving privileges before their reinstatement eligibility date.
In general, a person is eligible for driving relief after a DUI conviction within the following parameters:
First DUI – Conviction.
- Generally, a revoked driver on their first DUI conviction cannot apply full reinstatement until one year has elapsed from the date of revocation.
- If driving privileges were suspended prior to revocation (including issuance of an MDDP), the Secretary of State may credit any time spent without driving privileges toward reinstatement eligibility.
- Prior to reinstatement eligibility, revoked driver may be able to apply for a permit.
Second DUI – Conviction.
- Generally, a revoked driver on their second DUI conviction cannot apply full reinstatement until five years have elapsed from the date of revocation.
- If driving privileges were suspended prior to revocation (including issuance of an MDDP), the Secretary of State may credit any time spent without driving privileges toward overall reinstatement eligibility.
- If driver resides in Illinois, they must complete the 1,826-day BMO permit prior to being considered for full reinstatement, regardless of their projected date of reinstatement eligibility.
Third DUI – Conviction.
- Generally, a revoked driver on their third DUI conviction cannot apply full reinstatement until ten years have elapsed from the date of revocation.
- If driving privileges were suspended prior to revocation (including issuance of an MDDP), the Secretary of State may credit any time spent without driving privileges toward overall reinstatement eligibility.
- If driver resides in Illinois, they must complete the 1,826-day BMO permit prior to being considered for full reinstatement, regardless of their projected date of reinstatement eligibility.
Four or More DUI Convictions.
- A revoked driver with four or more DUI convictions is considered a “lifetime” petitioner. Although the lifetime ban for four or more DUI convictions has been removed, revoked drivers in this category must still meet additional criteria for driving relief.
- As an Illinois resident, a revoked driver can apply for a permit if they have at least three years of continuous abstinence and at least five years have elapsed from their most recent DUI revocation or incarceration, whichever is later.
- Once ten years have passed since the most recent revocation, a lifetime petitioner may apply for full clearance as an out-of-state resident.
- If a lifetime petitioner reestablishes residency in Illinois after obtaining reinstatement as an out-of-state resident, Illinois will reimpose a permit.
Reckless Homicide or Aggravated DUI with Fatality.
- If revoked for reckless homicide or aggravated DUI involving a fatality, a revoked driver cannot ask for full reinstatement of their license until two years have elapsed from the date of their revocation or release from imprisonment, whichever is later.
- If no imprisonment was imposed, there is no bar to asking for a permit.
DUI Revocation under Age 21. If a person is underage at the time of their DUI revocation, they are not eligible to request full reinstatement until two years have passed since their date of revocation. Their first year of revocation is “hard time,” subject to no relief. However, they may apply for a hardship permit in the second year of their revocation.
Wirth Law: Committed to Excellence
Wirth Law has extensive experience guiding clients through the Illinois driver’s license reinstatement process, with a strong track record of success at Secretary of State hearings. Our firm understands the complexities of license revocation cases and provides clear, strategic legal representation tailored to the specific situation. With in-depth knowledge of the hearing requirements and the Secretary of State’s procedures, Wirth Law has helped numerous clients regain driving privileges and restore their independence.
Recognized for outstanding client service, Wirth Law has received multiple awards for client satisfaction and was named one of the best DUI attorneys in Chicago by Expertise.com in 2024. Our firm is committed to helping each client achieve the best possible outcome and move forward with confidence and peace of mind. With convenient office locations in both Chicago and Naperville, Wirth Law offers accessible, high-quality representation for those seeking to restore their Illinois driving privileges after a DUI revocation.
Contact Wirth Law
Wirth Law offers free consultations and detailed case evaluations tailored to the unique circumstances of each client. With a proven record of helping individuals successfully navigate the path to driver’s license reinstatement, the firm provides trusted guidance every step of the way. To schedule a free consultation, call the office at (312) 761-8290 or email Jennifer Wirth directly at jennifer@wirthlaw.org.
Further Reading: Illinois Driver’s License Reinstatement