INFORMAL HEARINGS

Although some exceptions exist, an informal hearing is generally available when a revocation occurs as a result of receiving one DUI. An informal hearing involves testifying before a Secretary of State hearing officer about various topics relevant to the DUI revocation, including the applicant's alcohol/drug use history, current lifestyle, past alcohol/drug treatment, and prior traffic violations. Depending upon eligibility, an applicant may receive approval for full reinstatement of their license or a restricted driving permit as a result of this hearing.

In order to sit for the informal hearing, applicants are required to present certain documents to proceed with the hearing. The specific documents that are required vary depending upon the facts of each case. In order to determine which documents are necessary to go forward with a hearing, applicants can consult with an informal hearing officer prior to their hearing date by visiting any Secretary of State location that conducts informal hearings. Informal hearings are conducted at numerous drivers services facilities throughout Illinois.

FORMAL HEARINGS

When a revocation is the result of more than one prior DUI, most applicants will require a formal hearing with the Illinois Secretary of State. A formal hearing is recorded proceeding that involves several parties - a Secretary of State hearing officer, a Secretary of State prosecutor, the applicant, and, in many cases, the attorney for the applicant. Formal hearings are generally much more extensive than informal hearings.

At the outset of the formal hearing, the applicant is given an oath prior to testifying. Throughout the hearing, most applicants will be asked questions by all parties in the room. The questions relate to various topics, including the applicant's prior driving offenses, alcohol/drug use history, substance abuse/dependency treatment, present lifestyle, and their risk of receiving a future DUI. At the conclusion of the hearing, applicant should receive a written decision in the mail within ninety days of the hearing date. Depending upon eligibility, the applicant may obtain full reinstatement of their license or a restricted driving permit as a result of this hearing.

Formal hearings are conducted in four locations throughout Illinois - Chicago, Joliet, Mount Vernon, and Springfield. If an applicant meets the requirements for an out-of-state hearing, the hearing may be conducted through the mail.

OUR SERVICES

We have extensive experience in representing revoked drivers at both informal and formal hearings with the Illinois Secretary of State. Prior to attending a hearing, applicants should seriously consider retaining qualified legal counsel to represent their interests. The administrative hearing process is very involved and requires active participation by both the applicant and their attorney to successfully prepare for the hearing.

Our office is involved at every stage of the hearing process. We offer the following services to every administrative hearing client:

1. DOCUMENT ASSISTANCE AND REVIEW. At the outset of the representation, we order the relevant documents from your Secretary of State file, obtain your DUI arrest information, and assist you in obtaining your treatment records from your provider. Upon receipt of the documents, we carefully review all materials to ensure that your documents do not contain any errors and that your treatment documents meet Secretary of State standards.

2. DRUG/ALCOHOL EVALUATION REVIEW. Prior to submitting your updated drug/alcohol evaluation to the Secretary of State, we review the content to make certain that there are no typographical mistakes and to ensure that the evaluation meets the legal criteria for submission at a Secretary of State hearing.

3. CLIENT REVIEWS. Prior to your hearing, you will meet with your attorney in our office to be interviewed about your alcohol/drug use history, prior treatment, and about the facts surrounding your prior DUI arrest(s). It is crucial that your attorney understands all of the particulars of your alcohol/drug use history and the details of your current lifestyle so that they can make sure that your documents accurately reflect the relevant information at your hearing. Our goal is to ensure that you are prepared to address any question presented to you on your hearing date with honesty and confidence.

4. REPRESENTATION AT HEARING. On your hearing date, you will meet with your attorney in advance of your hearing time to go over any final questions that you may have about the process prior to arriving at the hearing office. We provide you with the application forms at this time for submission at your hearing. Once the forms are completed, we go to the hearing office with you for check-in at the front desk. During the hearing, your attorney will ask you various questions relating to the information obtained about you in the office interview. At the conclusion of the hearing, we will retain contact with you to explain any questions you may have about the final order when you receive it in the mail after the hearing date.