Video: Common Reasons for Denial at a Driver’s License Hearing after a Illinois DUI Revocation

March 24, 2025

Transcript:

For over two decades, Wirth Law has helped revoked drivers get back on the road after an Illinois DUI revocation.

With thousands of prior clients, our firm has consistently won at least 95 percent of our driver’s license hearings on an annual basis.

Our win rate includes both first time hearings and clients who hire our office after being denied at a prior hearing.

Driver’s license reinstatement is all we do.

In our experience, most cases are winnable with quality preparation.

If a person has been denied at a prior hearing, it doesn’t mean that they should feel hopeless or anxious about returning to a hearing in the future.

The State has a few common reasons for denial, and those issues can often be overcome at a new hearing with an experienced driver’s license reinstatement attorney.

In this video, we discuss the most common pitfalls that can lead to a denial at an Illinois Secretary of State hearing.

Minimizing

After a DUI revocation, many applicants are reluctant to provide a full, lifetime summary of their previous alcohol or drug use when testifying at a hearing.

Some applicants believe that it looks better at a DUI based hearing to report exceptionally low amounts of previous alcohol use.

If a revoked driver gives amounts so low that they are unbelievable, the Secretary of State may deny for minimizing.

Minimizing can take several forms at a DUI based driver’s license hearing.

A revoked driver may testify to a lifetime pattern of alcohol use that is unlikely when considering their overall history.

For example, a person may report that the only time they drank twelve beers was on each of their three DUI arrests. They may argue that, aside from the occasions of their three DUI arrests, they only drank one to two beers on rare holidays.  

In this scenario, the Secretary may question credibility if there is not a clear reason that the person consumed their heaviest amounts of lifetime alcohol use on the limited occasions of their DUI arrests.

Another form of minimizing occurs when a person denies being intoxicated on the DUI arrests that caused the driver’s license revocation, or reports an exceptionally low amount of alcohol or drug use on a DUI.

Even if a person admits being intoxicated on their DUI arrests, the Secretary is likely to take issue if an applicant reports an incredibly low amount of alcohol use.

For example, a person may have taken a breathalyzer test on their most recent DUI that resulted in a BAC score of 0.18.

Even if the applicant admits being intoxicated on the DUI, the Secretary will likely find it incredible for a person to have a BAC of 0.18 after claiming to drink only 1-2 beers on the DUI arrest.

Minimizing may also occur through downplaying conduct related to a person’s alcohol use history.

A person may minimize past conduct in several ways, such as dismissing claims that they had an alcohol problem when they received their DUI arrests.

If the Secretary suspects that a person is minimizing their past issues with alcohol, they may deny driving privileges due to the evidence being unclear or unbelievable.

Inconsistencies

After a DUI revocation, the Secretary of State may also deny a person at a driver’s license hearing for inconsistent evidence.

It is essential that a revoked driver reviews all evidence with their driver’s license lawyer before their hearing with the Secretary of State.

The applicant’s evidence should make logical sense.

For example, if an applicant claims to be abstinent from alcohol since their last DUI, the evidence should consistently support their assertion of abstinence.

Inconsistent evidence is presented if the applicant’s evaluation states they are still drinking alcohol, while they testify at their hearing that they have maintained abstinence since their last DUI

Where one piece of evidence contradicts another item, the Secretary of State may deny for inconsistencies within the evidence.

Questioning the Effectiveness of Treatment

The Secretary of State may also deny an applicant for a driver’s license if the Secretary is concerned about the effectiveness of treatment.

This denial can take many forms.

The Secretary may question the efficacy of treatment when a revoked driver cannot relay any significant information about their treatment program.

Similarly, the Secretary may deny where a revoked driver can articulate what was taught in treatment, but they did not follow the recommendations.

The Secretary may also deny if the treatment does not match the classification in the evaluation.

For example, if an evaluation classifies a person as alcohol dependent, the Secretary expects that the person will undergo treatment for alcohol dependency.  

Absent a credible explanation, the Secretary may determine treatment to be ineffective if the revoked driver attended treatment for a lesser or unrelated problem instead of undergoing alcohol dependency treatment.

Finally, the treatment documents may be incomplete. When this occurs, the Secretary may deny an applicant because their treatment records do not meet the overall standards for submission at a Secretary of State hearing.

Driver’s License Reinstatement Hearings

We recommend consulting with an experienced driver’s license reinstatement attorney prior to making any legal decisions.

If a person has been denied at a prior Illinois license reinstatement hearing, they are welcome to contact our law office for a free consultation.

We regularly help revoked drivers obtain driving privileges after an Illinois DUI revocation.

Our law practice also helps revoked drivers that have been denied at a prior hearing on their own, as well as revoked drivers who attended a licensing hearing with another attorney in the past.

We are happy to review a person’s most recent denial order as part of our free consultation.

Our office can be reached via phone at (844) WIRTH-LAW or by visiting our website at www.frontlinelegal.com