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Step-by-Step Guide: Illinois Driver’s License Reinstatement after a DUI Revocation
After Illinois DUI revocation, the path to reinstatement can feel overwhelming. Many revoked drivers feel nervous about attending a hearing or are confused about the requirements to request license reinstatement. An experienced driver’s license reinstatement attorney can help navigate the process and work to achieve a successful outcome.
At Wirth Law, we have built our practice around Illinois driver’s license reinstatement. We believe that a driver’s license hearing should be a collaborative and positive process. With our preparation, over 95 percent of clients are granted driving privileges on their first hearing with our office. Our win rate includes first-time hearings, as well as clients who have hired us after being denied at a prior hearing on their own or with a different attorney.
In the following sections, we provide an overview of the Secretary of State’s hearing process after a DUI revocation in Illinois. Whether a person is seeking full reinstatement, a restricted driving permit (RDP), or clearance to drive in another state, hiring an experienced driver’s license reinstatement attorney is vital to a successful outcome.
Table of Contents
Overview of the License Reinstatement Process
Step 1: Understand the Type of Revocation
Step 2: Determine Eligibility for Hearing
Step 3: Obtain Evidence from the State
Step 4: Complete Alcohol/Drug Evaluation
Step 5: Finish Education and Treatment Requirements
Step 6: File for a Formal Hearing
Step 7: Prepare for the Hearing
Step 8: Attend Hearing and Obtain Decision
The Role of a Driver’s License Reinstatement Attorney
Overview of the License Reinstatement Process
After a DUI revocation in Illinois, a DUI offender does not automatically have their driver’s license reinstated on their projected date of reinstatement eligibility. Instead, an applicant must attend a Secretary of State administrative hearing to apply for the reinstatement of their Illinois driver’s license. The purpose of a hearing is to determine whether an individual is safe to drive again.
At a licensing hearing, a revoked driver must establish the following after a DUI revocation:
- Their problem with alcohol and/or drugs has been resolved;
- They have been rehabilitated and are at a low risk to reoffend; and
- The applicant poses a low risk to public safety if given driving privileges.
At a hearing, a revoked driver may provide testimony and evidence to support their request for driving privileges. The Secretary will require an applicant to submit an evaluation, treatment documents, or other materials at their hearing. Before testifying, a revoked driver should review their evidence and testimony with their driver’s license attorney to ensure their answers are accurate and consistent with other evidence in the case.
At Wirth Law, we work directly with each client during every stage of the process to prepare a client for their hearing. In the following sections, we review the basic steps in a license reinstatement case after an Illinois DUI revocation.
Step 1: Understand the Type of Revocation
An Illinois driver’s license can be revoked for various reasons, such as DUI, reckless homicide, drag racing, or having too many moving violations. The reason for revocation determines whether a revoked driver requires a formal or informal hearing. The main differences between the two hearings are as follows:
Formal hearings are warranted in cases of DUI, reckless homicide, or accidents involving a serious personal injury or fatality.
Informal hearings are designed to handle more minor reasons for revocation, such as possession of a fake identification card or having too many tickets in a hearing. For purposes of this guide, we will be discussing DUI revocations that merit a formal hearing. Unlike informal hearings, a formal hearing is like a trial in the administrative forum. The hearing is presided over by an administrative law judge and a lawyer is present to represent the Secretary’s interests. A revoked driver testifies at their formal hearing and often brings a driver’s license attorney to present the best possible case to the Illinois Secretary of State.
Step 2: Determine Eligibility for Driving Relief
Many potential clients call our office and mistakenly believe that they must wait to attend a hearing until their projected reinstatement eligibility date on their driving abstract. There are many laws that determine eligibility. Often, a client is eligible for a restricted driving permit prior to their reinstatement eligibility date. Before initiating a hearing, a client should consult with a qualified driver’s license attorney to determine their eligibility for specific forms of driving relief.
Step 3: Obtain Evidence from the State
It is vital that a driver’s license reinstatement attorney obtain all evidence in a case to effectively represent a revoked driver at a Secretary of State hearing. Too often, the sole focus is on whether the revoked driver has obtained the necessary documents to proceed with a hearing. Although it is important to have the correct paperwork, it is equally important to have the correct information.
The Secretary of State will have evidence that they plan to use against a revoked driver at a formal hearing. It is imperative that all evidence is requested and reviewed in advance so that a client can be prepared to answer questions accurately. The following items should be obtained well in advance of a hearing date:
- A current court purposes driving abstract
- Any DUI sworn reports on file
- Any reporting of out-of-state DUI arrests
- Any prior hearing records
- Any out-of-state packets
- Any reports from a prior BAIID (breath alcohol ignition interlock device)
The Secretary of State will provide these documents upon request, often requiring only a copy cost. It is the responsibility of the license reinstatement lawyer to request all documents to ensure they are not blindsided at the hearing with evidence, especially when it is available for review. Good preparation is key to a positive outcome at a license reinstatement hearing.
Step 4: Complete Alcohol/Drug Evaluation
Before attending a formal hearing, a DUI offender must obtain a drug/alcohol evaluation with an Illinois-licensed provider. An evaluation is current if completed no more than six months before the hearing date. Upon evaluation, the DUI offender will be placed into one of the following risk classifications:
1. Minimal Risk
- No prior DUI/BUI/SUI offenses, summary suspensions, or reckless driving reduced from DUI
- BAC less than 0.15 at the time of the arrest
- No pattern of impaired driving
- No symptoms of substance use disorder
2. Moderate Risk
- No prior offenses (same as minimal)
- BAC between 0.15 and 0.19 or refusal to take a test
- At most one symptom of a substance use disorder
3. Significant Risk
- One prior offense or summary suspension or reckless driving reduced from DUI
- BAC of 0.20 or higher
- Two to three symptoms of a substance use disorder
4. High Risk (Non-Dependent or Dependent)
- Two or more prior offenses, summary suspensions, or relevant reckless driving incidents from separate events; or
- Four or more symptoms of a substance use disorder.
Step 5: Finish Treatment and Education Requirements
Once a risk classification is assigned, a DUI offender will be directed to complete the corresponding intervention. Generally, the intervention required for each risk classification is as follows:
1. Minimal Risk
- 10 hours of DUI Risk Education
2. Moderate Risk
- 10 hours of DUI Risk Education
- 12 hours of Early Intervention
3. Significant Risk
- 10 hours of DUI Risk Education
- 20 hours of substance use disorder treatment
- A waiver may be granted for treatment and/or continuing care, if warranted
4. High Risk (Non-Dependent or Dependent)
- 75 hours of substance use disorder treatment
- Continuing care
- A waiver may be granted for treatment and/or continuing care, if warranted
Prior to hearing, a revoked driver should obtain their evaluation, treatment assessment, DUI risk education certificate (if applicable), and all necessary treatment records to attend a hearing. It is vital that the client review all documents with their attorney prior to a hearing. This prevents a denial for submitting incomplete or inaccurate documents at a hearing.
Step 6: Prepare for the Hearing
It is essential that every revoked driver prepare in advance of a hearing so that they can provide accurate and effective testimony. An experienced driver’s license attorney understands the relevant topics at a hearing. The attorney and client should review the formal hearing questions together well in advance of a hearing date to avoid surprises or inconsistencies with other evidence. The Secretary may inquire into many areas, including, but not limited to:
- Overall driving history
- Accident history
- Major traffic offenses
- Details of DUI(s)
- Lifetime alcohol/drug use history
- Current alcohol/drug use (if any)
- Treatment
- Reasons for past alcohol abuse or triggers for use
- Symptoms of Alcohol Use Disorder
- Current lifestyle
- Future intentions for use
- Efficacy and authenticity of support program (if applicable)
During the hearing itself, the reinstatement attorney has the first opportunity to question their client. A good attorney should be prepared to address all relevant topics on direct examination. By doing so, they are likely to minimize the questions that their client is asked on cross-examination. This strategy helps the Secretary obtain the necessary information, while making the hearing as comfortable and controlled as possible for the client.
Step 7: Filing for a Hearing
To attend a formal hearing, a written request must be filed with the Secretary of State, accompanied by a filing fee. Our office files the request on behalf of our client to ensure the correct timeline and filing requirements are met.
There are four locations in Illinois where formal hearings take place: Chicago, Joliet, Springfield, and Mount Vernon. A hearing request can indicate which location is preferred, as well as whether a morning or afternoon hearing is desired.
Once a request is received, the Secretary of State has twenty days to respond with a “Notice of Hearing,” which indicates the scheduled date for the formal hearing. By law, the formal hearing must be scheduled within ninety days of receipt of the filing.
Step 8: Attend the Hearing and Obtain Decision
On the hearing date, our law office meets with our client in advance of the hearing to sign all necessary paperwork to enter the hearing room. We accompany the client to the hearing and wait for the hearing to be called. Once a hearing is called, we enter the hearing room with our client. In the hearing room, there is an administrative law judge, as well as an attorney to represent the Secretary of State’s interests.
At the outset of the hearing, our client takes an oath and is sworn in to testify. The Secretary of State’s attorney begins by entering their evidence, which typically includes our client’s driving record, documents from any prior hearings, sworn reports, the hearing request, and the Secretary’s notice of the hearing date. As the client’s attorney, it is our job to enter their evidence, such as an evaluation and treatment records. We may have various other items to submit into evidence, depending on the specific facts of the case and the risk classification in the evaluation.
During the hearing, we begin by asking our client several questions to attempt to cover all topics relevant to the Secretary. At the conclusion of our examination, the Secretary’s attorney can cross-examine our client with any outstanding issues. The administrative law judge can also make inquiries at the hearing.
At the conclusion, the Secretary does not decide a case on the date of the hearing. Instead, a written decision is mailed within ninety days of the hearing. The Secretary may elect to grant full reinstatement, approve out-of-state clearance, issue a restricted driving permit, or deny in full. If a decision has been made to grant driving privileges, a client will be informed of the requirements to issue driving relief, such as payment of reinstatement fees.
The Role of an Illinois Driver’s License Reinstatement Attorney
An experienced attorney plays a vital role in the driver’s license reinstatement process. Legal representation ensures that each step is handled with care, knowledge, and compliance with Secretary of State standards. From gathering documentation to preparing for the hearing, an attorney provides the structure and support needed for a strong, organized case.
An attorney can determine the best evidence to formulate a strong, strategic case for driver’s license reinstatement. At the heart of the hearing is the need to show that the individual has resolved any problems related to alcohol and no longer presents a risk to public safety. A reinstatement attorney plays a key role in identifying and organizing the information that best supports this claim.
Legal counsel can also assist in gathering the necessary documents from treatment providers, obtaining records from the state, and advising on how to present lifestyle changes that show progress and responsibility. This may include presenting an evaluation, treatment records, character letters, or other relevant items. These details are crucial in showing a sincere commitment to safe and responsible driving.
With a clear understanding of legal requirements and hearing practices, an attorney can build a compelling case that reflects both legal compliance and personal growth. Attorneys are well-versed in the nuances of the law and know what hearing officers expect. Their experience enables them to manage deadlines, present information effectively, and advocate for their clients throughout the process. An attorney’s guidance ensures that all key aspects of rehabilitation are highlighted at a Secretary of State hearing.
After a DUI revocation, professional legal guidance can provide clarity, direction, and peace of mind. Contact our practice today to learn how we may help to build a successful case for Illinois license reinstatement. We can be reached at (312) WIRTH-LAW or by directly emailing jennifer@wirthlaw.org.