Chicago Driver’s License Hearings

• Illinois Driver’s Reinstatement (Administrative Law)
• DUI Defense and Reckless Homicide
• General Traffic Law

For over twenty years, Wirth Law has focused exclusively on Illinois driver’s license reinstatement and DUI defense. Our practice regularly represents revoked drivers at Secretary of State hearings to help restore driving privileges. Over 95 percent of our clients win their first hearing with our office, including persons who have been denied in the past at a previous hearing.

Our Illinois driver’s license reinstatement practice represents both local and national clients. We have helped thousands of revoked drivers reinstate their driving privileges throughout Illinois, including Chicago, the surrounding suburbs, and rural areas in northern Illinois. Our office handles all types of driver’s license hearings, including DUI revocations and reckless homicide cases. We represent revoked drivers at both informal and formal hearings.

Wirth Law also represents out-of-state drivers when an Illinois hold prevents them from obtaining a driver’s license in their home state. We maintain office locations in the Chicago Loop and Naperville, Illinois. Our law firm can meet with clients virtually or in-person, depending on client preference. Our main office location is within walking distance of the Chicago hearing office for the Illinois Secretary of State.

When facing a revocation, a revoked driver should hire a license restoration attorney that is knowledgeable on the governing law and procedure for these proceedings. License reinstatement hearings invoke administrative, DUI, criminal, and traffic law. They also require understanding of the substance abuse and addiction, as well as a basic grasp of interlock technology.

In the following sections, we provide a basic overview of our Illinois driver’s license reinstatement practice. For more information, please visit our “Question and Answer” page or contact our office to schedule a free consultation.

LICENSE REVOCATIONS AND SUSPENSIONS

At the outset of a case, an applicant for driving privileges should understand whether their driver’s license has been suspended or revoked. In many cases, a person may qualify for a driving permit during a period of suspension or revocation.

A driver’s license suspension is for a specific period, such as twelve months. It will naturally terminate on the expiration date if a suspended driver has paid all reinstatement fees and has not committed any offenses that may cause it to extend in duration. A driver’s license may be suspended for many reasons, such as possession of a fake identification card, or having too many moving violations in a given period.

A driver’s license revocation is for an infinite period. A revocation requires a person to proactively take action to remove it, which typically involves attending a driver’s license hearing. Although the Secretary of State assigns a “reinstatement eligibility date,” a revoked driver is not automatically reinstated at the time of eligibility. “Reinstatement Eligibility” is the first date that a revoked driver is allowed to ask for full reinstatement of their license.

COMMON REASONS FOR DRIVER’S LICENSE SUSPENSION AND REVOCATION

In our experience, the most common reason for an Illinois driver’s license revocation is being convicted of an Illinois DUI charge. A DUI can impact an Illinois driver if it occurs within Illinois, or if it takes place in another state while driving on an Illinois license. If an Illinois-licensed driver pleads guilty to out-of-state DUI, they are likely to have their driving privileges revoked in Illinois. Whenever a finding of guilt is made on a DUI charge, the clerk of court will notify the Illinois Secretary of State of the DUI disposition. Upon receipt of specific DUI dispositions, such as an Illinois conviction or an out-of-state guilty plea, the Secretary may revoke an Illinois driver’s license.

The Illinois Vehicle Code lists several offenses that will cause a mandatory driver’s license revocation. Some examples of offenses that require mandatory revocation of a driver’s license include the following:

• DUI Conviction in Illinois
• Guilty Plea to DUI in Another State while on Illinois Driver’s License
• Reckless Homicide
• Commission of a Felony involving a Motor Vehicle
• Aggravated Fleeing or Attempting to Elude a Peace Officer

Aside from mandatory revocations, the Secretary of State is also given discretion to decide whether to revoke a driver’s license for certain offenses. Some examples of offenses that could merit a discretionary revocation include the following:

• Three or More Convictions for Moving Violations in a 12-Month Period
• Permitting the Unlawful or Fraudulent Use of a Driver’s License or ID
• A Second Conviction of Illegal Transportation of Alcohol in a 12-Month Period

A person may have their driving privileges suspended or revoked for more than one reason. During a consultation, an Illinois driver’s license reinstatement attorney should review all the reasons for suspension or revocation of a driver’s license. In many instances, multiple revocations and suspensions can be addressed at the same hearing.

FORMS OF DRIVING RELIEF: REINSTATEMENT, OUT-OF-STATE CLEARANCE, AND DRIVING PERMITS

The Secretary of State may deny a license application, approve a permit, or grant full reinstatement when they issue a hearing decision. A revoked driver should consult with a driver’s license reinstatement lawyer to determine their eligibility for out-of-state driver’s license clearance, reinstatement, or a permit. The following is a summary of the various forms of driving relief at a licensing hearing:

Reinstatement of Illinois Resident. Full reinstatement of Illinois driving privileges means approval for an Illinois driver’s license. Full reinstatement does not require an interlock device in the vehicle, and a fully reinstated driver is not restricted by specific days, times, or mileage. If approved for full reinstatement, a revoked driver typically needs to pay reinstatement fees to the Secretary of State before an Illinois driver’s license may be issued.

Clearance/Reinstatement of an Out-of-State Resident. If eligible, an out-of-state resident may apply for full reinstatement to clear a hold from an Illinois DUI revocation. The goal of out-of-state clearance is not to obtain a license in Illinois, but to lift an Illinois revocation so that the out-of-state resident can apply for a license in their home state. Many out-of-state residents refer to this relief as “out-of-state clearance,” even though Illinois considers this form of relief to be “reinstatement.” In the event that reinstatement is approved for an out-of-state resident, they typically need to pay reinstatement fees and submit an SR-22 Waiver. If reinstatement was conditioned on out-of-state residency, an out-of-state resident may be required to serve a permit if they reestablish Illinois residency in the future.

Hardship Permits. If not eligible for a probationary permit, a revoked driver may be eligible for hardship permit. Hardship permits can be approved if an extreme difficulty (aka “hardship’) is shown to obtain transportation for work, school, necessary medical care, support/recovery program meetings, and day care services, Hardship permits may also be issued for court-ordered activities, such as community service. The burden is on the applicant to demonstrate that no alternative means of transportation is reasonably available and that they will not endanger public safety or welfare if given a hardship permit.

Probationary Permits. If eligible, the Secretary of State may elect to issue a probationary permit. A probationary permit allows the permittee to drive for any legal purpose (i.e. visiting family, running errands, going to work), for a period of twelve hours a day, 6 days a week, within a 200-mile radius of their residence. In many cases, an interlock device is required as a condition of a probationary permit after a DUI revocation.

BAIID Multiple Offender (BMO) Permit. In cases where an Illinois resident has 2 or 3 DUI convictions, the Secretary of State will require an 1,826-day continuous interlock permit before full reinstatement will be considered, regardless of the eligibility date listed on the person’s driving abstract. If granted, the multiple offender is given a probationary permit during the five-year period, rather than a restricted permit for work, school or other specified purpose. A BMO permit expires every two years and must be renewed by hearing. 

REINSTATEMENT ELIGIBILITY AFTER ILLINOIS DUI REVOCATION

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.

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.

FORMAL AND INFORMAL HEARINGS

When an Illinois license is revoked, the Secretary of State will generally require a formal or informal hearing. The reason for the revocation generally determines what type of hearing is appropriate.

Formal Hearings. A formal hearing is generally a forum for more serious matters, such as DUI revocations and reckless homicide cases. A formal hearing is like a trial; the proceedings are recorded, and witnesses testify under oath. The participants in a formal hearing usually consist of a hearing officer, an attorney for the Secretary of State, the petitioner, and the petitioner’s license reinstatement attorney. The Secretary of State sends a written decision within ninety days of the hearing.

Informal Hearings. An informal hearing addresses many types of suspensions and revocations, such as possession of a false identification card, fleeing and eluding the police, and having too many traffic tickets in a year. Informal hearings consist of an office meeting with a hearing officer, and they are held on a walk-in basis at many driver’s services facilities. During the hearing, the informal hearing officer asks several questions and records the responses in writing. A final decision is mailed to the petitioner and their driver’s license reinstatement lawyer after the hearing.

FREE CONSULTATION

Our law practice offers free consultations to discuss our Illinois driver’s license reinstatement services. Jennifer Wirth, managing attorney, has over twenty years of experience with driver’s license hearings in Illinois. We offer flat rates, Affirm payment plans, and exceptional client service. To schedule a free consultation, please do not hesitate to contact our office at (312) 761-8290 or email us directly at jennifer@wirthlaw.org.