After a DUI revocation, many revoked drivers have various questions, such as “How do I get my license back?” and “How long do I have to wait to get my license after a DUI?” The answer is that most often, a revoked driver will be required to attend a successful hearing with the Illinois Secretary of State to regain driving privileges.

Wirth Law has focused exclusively on Illinois driver’s reinstatement hearings and DUI defense for over twenty years. With a win rate of 95 percent on first-time hearings with our office, we are experienced at helping revoked drivers reinstate their license after a DUI revocation in Illinois. We represent revoked drivers throughout the Chicagoland area, as well as in surrounding rural communities. Our firm maintains offices in Chicago and Naperville for in-person meetings.

In this article, we provide a brief overview of the formal hearing process after multiple DUI convictions in Illinois.

DUI Convictions and Mandatory Revocation

In Illinois, a DUI conviction results in the mandatory revocation of driving privileges under 625 ILCS 5/6-205. This revocation is not time-limited and does not terminate automatically. Instead, individuals seeking to regain driving privileges must formally petition the Illinois Secretary of State for reinstatement. This process typically requires attending a hearing, testifying, and submitting specific documentation.

Notice of Suspension and Revocation

After a DUI conviction, many individuals wonder, “How will I know when, or if, my Illinois driver’s license is revoked?” A driver should remain proactive and verify with the Illinois Secretary of State whether their driving privileges are valid or not before driving a vehicle. When a revocation is entered, most individuals will receive two notices from the Secretary of State:

1. Notice of Suspension (Registration): Once driving privileges are revoked, license plates registered in the individual’s name are suspended. To permit other household members to continue using the vehicle, registration may be transferred to a co-owner or lifted by filing an SR-22 insurance certificate.
2. Notice of Revocation (Driving Privileges): This notice outlines both the revocation date and the earliest eligibility date for reinstatement. This date is not the date driving is automatically restored. Instead, it is the first date that an individual may request reinstatement of their driver’s license.

Prior to reinstatement eligibility, an individual may be eligible for a hardship permit, or a probationary permit if they are a BMO petitioner. A BMO petitioner is a “BAIID Multiple Offender” that has 2-3 DUI convictions. If an individual falls within the BMO category, they will be required to have a permit for 1,826 days prior to requesting their full driver’s license again, regardless of the reinstatement eligibility date listed on their driving abstract.

Formal vs. Informal Hearings

There are two types of hearings administered by the Secretary of State’s Department of Administrative Hearings: formal and informal. The appropriate forum depends on the nature and number of violations.

• Formal Hearings are required in cases involving multiple DUI convictions, reckless homicide, or accidents resulting in great bodily harm. These are adversarial proceedings involving sworn testimony, documentary evidence, cross-examination, and an administrative law judge.
• Informal Hearings are typically for individuals with a single DUI or offenses such as underage alcohol possession, possession of a fake identification card, or accumulation of moving violations. These hearings are conducted in an office setting with a hearing officer.

Eligibility for Driving Relief

Eligibility for reinstatement or a restricted driving permit (RDP) depends on multiple factors, including the nature of the revocation, time since the revocation, completion of all treatment and evaluation requirements, and the individual’s current residency status.

It is advised to contact a driver’s license reinstatement lawyer for guidance to determine the actual eligibility date in a specific case. The “reinstatement eligibility date” listed on a driving abstract does not always govern. An individual may be required to serve a BMO permit prior to reinstatement. Further, many individuals are eligible for a permit prior to reinstatement eligibility. An experienced attorney can analyze the record and determine the available options for driving relief.

Gathering and Reviewing Evidence

Before requesting a hearing, it is essential to obtain and review all available evidence that may be presented. The Secretary of State’s office maintains records of prior DUI arrests, documents from previous Secretary of State hearings, and BAIID device reports. Prior to attending a hearing, our office gathers and reviews the following information (at a minimum):

• Court purposes driving abstract
• Sworn reports for all DUI arrests
• Out-of-state DUI conviction documents
• The record from all prior hearings, including decisions from previous hearings
• BAIID records (if previously issued a permit)

Reviewing this information in advance allows counsel to identify potential issues, craft a legal strategy, and prevent inconsistencies that can result in denial of relief.

Alcohol and Drug Evaluation Requirements

A drug/alcohol evaluation is required to attend a Secretary of State hearing after a DUI revocation. The evaluation must be less than six months old on the hearing date and conducted by an Illinois-licensed provider.

The risk classification in the evaluation is based on the number of DUI arrests, BAC level, symptoms of substance abuse, chronological use history, and other relevant evidence. Once an evaluation is conducted, a person will be placed in one of the following risk categories:

• Minimal Risk: No prior offenses, BAC under 0.15, no substance abuse symptoms
• Moderate Risk: BAC between 0.15 and 0.19, one symptom
• Significant Risk: BAC of 0.20 or higher, two to three symptoms, or prior DUI offense
• High Risk (Dependent or Non-Dependent): Four or more symptoms and/or at least two prior DUI dispositions.

Required Treatment and Education

Each risk category comes with specific educational and treatment requirements:

• Minimal Risk: 10 hours of DUI Risk Education
• Moderate Risk: 10 hours of Risk Education and 12 hours of Early Intervention
• Significant Risk: 10 hours of Risk Education, 20 hours of treatment, and continuing care
• High Risk: 75 hours of treatment and documented participation in continuing care

In some cases, an evaluator may elect to waive treatment or reduce the number of hours of treatment. This varies on a case-by-case basis. However, all hearing applicants are required to submit a DUI evaluation, Chronological History, and Treatment Needs Assessment. An applicant must also submit treatment records that comply with the Secretary of State standards, or a treatment waiver for review by the Secretary of State.

It is critical that an attorney reviews all evaluation and treatment documents before the hearing date. The attorney must be familiar with the contents to assess whether the information is accurate and whether the documents meet the Secretary of State’s standards. If any required documents are missing or incomplete, the Secretary of State may recommend postponing the hearing to avoid an automatic denial.

Importance of Testimony Preparation

The reinstatement process is evidence-driven and legally complex. Administrative law judges and hearing officers are trained to scrutinize not only the submitted documentation but also the credibility and consistency of the petitioner’s testimony.

A driver’s license reinstatement attorney plays a vital role in preparing the client for this process. This preparation is not a one-time conversation. It involves multiple sessions where the client is carefully guided through potential questions, past conduct, treatment history, and anticipated scrutiny.

During these sessions, counsel:

• Reviews the client’s complete history and available records
• Identifies inconsistent or incomplete information
• Advises on how to respond to anticipated questions prior offenses and substance use
• Conducts mock testimony to identify nervous habits, memory gaps, or problematic phrasing
• Helps the client practice clear and consistent responses to complex or sensitive questions
• Highlights positive lifestyle changes for the client to report in testimony

Repetition and familiarity with the subject matter leads to more confident and credible testimony. Many reinstatement hearings are denied solely based on inconsistent or vague testimony, even when documents are in order. It is essential to hire an experienced, knowledgeable license reinstatement attorney to help avoid these pitfalls.

Filing for a Formal Hearing

Formal hearing requests must be submitted in writing along with a $50 filing fee to the Secretary of State’s office. Hearings may be held at one of four locations: Chicago, Joliet, Springfield, or Mount Vernon. Virtual hearings are now available in many cases. Once the request is received, the Secretary of State must schedule the hearing within ninety days.

Hearing Day

On the day of the hearing, legal counsel will meet with the client in advance to review the process and documents. We cannot emphasize this enough: This should not be the first time you meet or speak with your attorney, or at a minimum, a member of their staff.  

A formal hearing is a collaborative process between the attorney and client. It is essential that an attorney reviews the case and answer client questions before the actual hearing date. A client can expect the following format during a formal hearing for a DUI revocation:

• The client is sworn in and provides testimony under oath
• The Secretary of State introduces documentary evidence, including past DUI records and driving history in evidence
• The client’s attorney presents the evaluation, treatment documents, and any other relevant letters or documents for admission into evidence
• In most cases, the client’s attorney conducts the first examination
• After the direct examination, the Secretary of State’s attorney may cross-examine the client
• The administrative law judge may ask follow-up questions

Hearings are recorded and procedural safeguards apply, including due process. The administrative law judge will make a written recommendation to the Secretary after the hearing, which is subject to review. After review, the decision should be mailed within 90 days of the hearing date.

Restricted Driving Permits and BAIID Installation

If relief is granted, it may include:

• Full reinstatement of the driver’s license
• Issuance of a Restricted Driving Permit (RDP)
• Clearance for out-of-state license application

Most individuals with multiple DUI convictions will be required to install a BAIID device. Installation must occur within 14 days of receiving the permit. The device monitors for alcohol use and reports violations to the Secretary of State.

Permit Compliance and Monitoring

During the RDP period, compliance with BAIID is critical. Violations such as tampering, failed breath samples, or missed calibrations may result in cancellation of the permit or having to explain the conduct at the future hearing.

BMO Permit Renewals and Reinstatement Hearings

Individuals required to drive with a BMO (BAIID Multiple Offender) permit must renew their permit every two years throughout the five-year monitoring period. At a minimum, each renewal requires the following:

• A current, updated alcohol and drug evaluation, or a new Uniform Report if the treatment provider has changed
• Submission of any required letters if mandated by the individual’s risk classification
• Completion of an informal hearing with a Secretary of State hearing officer

To avoid delays, it is strongly recommended that renewal hearings be scheduled at least four months before the current permit expires. If an individual delays the renewal process, it may result in gaps between permits that delay progress toward reinstatement. The full five-year BMO period must be served consecutively. Any lapse in permit coverage tolls the five-year period until a new permit is issued.

If there have been BAIID violations during the most recent permit period, the individual must request a formal hearing rather than an informal hearing to request renewal of their BMO permit. In such cases, the evaluation submitted at the hearing should directly address the violations, and the individual will be prepared to provide testimony explaining the circumstances.

Out-of-State Residents

Generally, individuals who have moved out of Illinois must obtain clearance from the Secretary of State before they can obtain a license in another state. Out-of-state petitioners must still complete a hearing with the Secretary of State, including the evaluation and treatment requirements. There are limited exceptions to this requirement.

An out-of-state petitioner may complete a hearing through attending in-person, scheduling a virtual hearing, or completing an out-of-state hearing packet. An Illinois driver’s license attorney can advise on the pros and cons of each hearing format.

The Benefit of Legal Representation

The license reinstatement process is highly detailed, and outcomes depend largely on the preparation and presentation of the case. Administrative hearing officers evaluate not only what is presented on paper but also how the petitioner’s testimony demonstrates rehabilitation since the last DUI arrest.

Legal representation is essential not only for navigating procedural requirements but also for preparing clients to give clear, honest, and persuasive testimony. Multiple testimony review sessions are often necessary to eliminate contradictions, anticipate difficult questions, and ensure the petitioner is ready to provide accurate, detailed responses.

At Wirth Law, license reinstatement is the sole focus of our practice. We guide clients through each step, from gathering documents to final hearing. With offices in Chicago and Naperville, Wirth Law serves clients across Illinois. We also represent out-of-state residents who are seeking to remove an Illinois hold on their driving privileges.

Contact Wirth Law

Our office provides free consultations on license reinstatement hearings. We offer competitive pricing, flat rates, and payment plans through Affirm. To schedule a free consultation, contact Wirth Law at (312) 761-8290, by email at jennifer@wirthlaw.org, or through our website contact form.

For many Illinois residents seeking to regain driving privileges after a revocation, the process of obtaining a Restricted Driving Permit (RDP) is a major milestone. Historically, once approved for an RDP, an individual would need to wait several weeks for the Secretary of State to mail the permit. This delay not only extended the time before driving could resume but also created additional complications—especially in cases where a Breath Alcohol Ignition Interlock Device (BAIID) was required. The driver would generally wait for the permit to arrive before even scheduling the installation of the BAIID device.

In an effort to streamline the process and reduce wait times, the Illinois Secretary of State has launched a pilot program that allows approved petitioners to pick up their permits at designated locations in the Chicago area. This initiative is designed to offer greater convenience and faster access to driving privileges for those who have completed the required steps to obtain a permit. Below is an overview of how this pilot program works.

Step 1: Contact the Secretary of State to Arrange Pickup

The process begins by notifying the Illinois Secretary of State’s office that a petitioner would like to pick up their driving permit in Chicago. The petitioner can email the Secretary of State at adminhearings@ilsos.gov or call the designated number for RDP pickup scheduling at (800) 252-8980. If using the phone method, the caller should select option 5, followed by option 1. This should direct the call to the appropriate department.

Once the Secretary of State is informed that Chicago pick up is desired, a representative will confirm whether the individual’s file is ready for permit issuance. If the file is not yet ready, the petitioner will be advised to try again in a few days, or the Secretary of State agent will agree to contact the petitioner when the permit is ready. When the permit is ready, the representative will move forward with scheduling the pickup.

Step 2: Select a Pickup Location

When the file has been approved for release, the caller will be asked to choose one of the available pickup locations. There are currently six locations participating in the pilot program, five of which are in Chicago and one in Springfield:

• 17 N State St, Suite 1200, Chicago, IL
• 115 S Lasalle, Chicago, IL
• 5401 N Elston Ave, Lower Level, Chicago, IL
• 9902 S Dr Martin Luther King Dr, Lower Level, Chicago, IL
• 5301 W Lexington, Lower Level, Chicago, IL
• 2701 S Dirksen Parkway, Room 103, Springfield, IL

The chosen location will receive the permit once it has been processed.

Step 3: Wait for Notification That Permit is Ready at Pickup Location

After selecting a pickup site, the next step is to wait for notification from the Secretary of State that a permit is ready for pickup. When the permit has been printed and forwarded to the chosen office, that location should reach out by phone or email to inform the petitioner that the permit is ready for pickup.

This stage generally takes about one week, although processing times may vary. It is important to wait for the official notification before attempting to retrieve the permit, as the permit may not be ready if a petitioner tries to walk-in earlier for pickup.

Step 4: Pick Up the Permit

Once the designated pickup location contacts the petitioner, arrangements can be made to collect the permit. At that time, it’s important to ask what identification or documents may be required to complete the process. A valid photo ID is commonly needed.

The pickup process itself is generally straightforward. The staff at the selected Secretary of State facility will provide the permit and may also supply any additional documentation relevant to the permit, such as information on BAIID installation (when required).

Next Steps: Installing the BAIID (if required)

In many cases, the RDP comes with a requirement to install a Breath Alcohol Ignition Interlock Device (BAIID). When applicable, the permit packet will include a list of approved BAIID providers along with instructions for scheduling an installation appointment. Only after the BAIID is properly installed will the permit allow for lawful driving under the specified restrictions.

About Our Office

Wirth Law focuses exclusively on Illinois driver’s license reinstatement and DUI defense. With over two decades of experience, our firm is committed to helping clients navigate the complexities of the reinstatement process efficiently and effectively.

What Sets Our Office Apart:

• Transparent flat-rate pricing
• Evening appointments available
• More than 20 years of experience in driver’s license reinstatement
• Recognized as a top-rated firm on Avvo and Justia
• Jennifer Wirth named among the Best DUI Defense Attorneys in Chicago by Expertise.com
• Recipient of multiple client service awards, including Avvo Client Choice and Martindale Hubbell Client Champion

For those navigating Illinois driver’s license reinstatement issues, Wirth Law provides free consultations. To schedule, call (312) 761-8290 or visit our website to complete the contact form.

Finding the best license reinstatement attorney for a particular case requires clear goals and careful evaluation. This article outlines key factors to guide clients on hiring the best attorney for their specific case, while highlighting considerations during the consultation process.

Before consulting with an attorney, a client should examine the type of service they expect, as well as their ultimate goals of the representation. Some clients want the lowest-priced attorney, while others look to hire one of the best license reinstatement lawyers in the field. It is important to rank cost versus quality of representation.

Often the best attorney is not the cheapest one, and vice versa. There are also excellent attorneys that provide mid-range pricing for their services. A client should consider what factors or services they are not willing to compromise for a lower fee, as well as what benefits are flexible for cost savings.

Selecting a lawyer who is a good personal fit generally requires more than a quick internet search. Quality representation can hinge on experience, knowledge, client service, and producing consistent results. Below are some techniques and factors to consider when looking to find the best license reinstatement attorney for a particular case:

Consult with Multiple Attorneys

Schedule initial consultations with at least two or three attorneys who advertise driver’s license reinstatement services. Treat each meeting as an opportunity to assess depth of knowledge and communication style. Do not be afraid to ask questions and ask each attorney to be specific about what is included in the representation and what may be an additional charge.

Verify Claims of Experience

If an attorney asserts decades of experience, review client testimonials and independent review sites for older reviews on license reinstatement representation. Older reviews are an excellent indicator on whether this is a newer area of focus, or if they have committed their career to license reinstatement. A lawyer may have decades of experience in law itself, but not necessarily in the area of license reinstatement.

Clarify Areas of Focus

Inquire whether driver’s license reinstatement is a singular area of practice or subsection of multiple areas of practice. A potential client may also independently search the attorney’s name on the internet to see if they have multiple websites, targeting different areas of practice.  A lawyer may be a good fit who practices in multiple areas of law, but a client should make this determination- not an attorney’s marketing strategy.  

Scrutinize Client Reviews

It can be difficult to get clients to leave reviews on sensitive cases, even when they are delighted with the results. Reviews should be given scrutiny for similar tone, language, or marketing terms. In a 2024 Illinois ethics case, a complaint was filed against an attorney for writing positive reviews for himself, while writing negative reviews for a competitor. Although this isn’t common practice, reviews for any service or product should be evaluated for authenticity and overall content.

Ask About Flat Rates

Flat fees can provide clients with the security of a fixed legal cost during the representation. During a consultation, confirm exactly what services are covered under a quoted fee, and whether that fee includes additional services or future hearings. A potential client should request that any fee quote be put in writing so that both parties are clear on the proposed fee arrangement.

Discuss Payment Plans

Some firms offer financing through third-party programs, such as Affirm. A client should ensure that any payment plan terms are clearly spelled out, including interest rates and duration of payments.

Volume-Driven Firms

Often, attorneys market with volume as a form of experience, such as “we have handled 5,000 cases like your case.” Tiffany & Co. may not sell as much jewelry as Walmart, but it doesn’t mean they do not provide quality. Some clients see strength in volume, while other clients want personalized attention. It is perfectly acceptable to want a balance between solid case experience and the lawyer’s ability to provide detailed attention to an individual case.

Inquire About “Coverage” Attorneys

Some firms may send associates or coverage attorneys to hearings when the principal attorney is unavailable. If hiring a specific attorney is important, confirm that the attorney in the consultation will also be handling the hearing.

Understand the Attorney’s Background

Ask how the firm began and why the attorney chose to focus on driver’s license reinstatement. A genuine passion for this area of law can be considered important to many clients.

Research Credentials and Professional Standing

Beyond consultations and websites, it is wise to verify an attorney’s standing in the legal community. The Illinois Supreme Court’s Attorney Registration and Disciplinary Commission (ARDC) provides a public database to confirm licensure and review any disciplinary history. Further, membership in practice-related organizations, such as the National College for DUI Defense, may signal a deeper commitment to ongoing education in this specific field.

Evaluate Case Results

Many firms track their own statistics, such as win rates for prior clients without any ability to independently verify the data. During a consultation, it is perfectly acceptable to request examples of prior cases that may be similar in facts or severity. It is also valid to ask an attorney how many license reinstatement cases they generally take in a year. If a lawyer takes one license reinstatement case a year, a success rating of 100% does not include a reliable sample population.

Assess Communication

During a consultation, discuss the method of communication and how often a client will meet with the attorney prior to a hearing, if at all. If a staff member provides support, inquire whether the attorney will also engage in pre-hearing meetings with the client, or if the staff member will be the regular contact for preparation. For many individuals, this is a matter of personal preference. However, the client should be clear at the outset whether the attorney will be providing dedicated time to their preparation or delegating it to another person.

Explore Geographic Convenience and Hearing Logistics

While virtual preparation is common, in-person formal hearings are only held in four locations in Illinois: Chicago, Joliet, Springfield, and Mount Vernon. An attorney with an office near these locations can often access documents with greater ease, while giving clients an easy meet-up location on the hearing date. For clients residing far from a hearing site, inquire whether the attorney offers virtual hearings and how evidence will be submitted in a remote format.

Personalized Strategy Versus Mass Marketing

Marketing budgets and high client volumes can inflate an attorney’s apparent prominence, but such firms may rely on scripted presentations and standardized case strategies. In contrast, a practice built around reinstatement hearings will allocate time for in-depth fact gathering and individualized strategy. A client should determine which format they prefer for the practice handling their case.

Discuss Management of Possible Outcomes

No attorney can guarantee a successful outcome, but a reputable practitioner will set realistic expectations. A candid discussion should cover potential outcomes, as well as if an attorney will charge for additional hearings in the event of denial. A client should be clear about whether a permit is likely (or mandatory under law), or if full reinstatement is a viable outcome.

Review Client Testimonials and Peer Referrals

Positive client feedback often highlights not only case outcomes but also the overall client experience. Look for testimonials that mention clarity of communication, thoroughness of preparation, and support during stressful pre-hearing periods. Peer referrals from other attorneys can also provide insights into the attorney’s reputation and knowledge of license reinstatement cases.

Consider Ongoing Support and Post-Hearing Services

After a hearing decision, additional steps may be required, such as completion of forms, scheduling driving tests, arranging interlock installation, or payment of reinstatement fees. Confirm whether the attorney’s flat fee covers these post-hearing services or if separate billing applies.

By following these guidelines, a client can be better prepared when selecting the best license reinstatement attorney for their Secretary of State hearing. Anyone can claim to be the best in their line of work or boast about their experience– the online world is full of marketing. With a little research, a consumer can better decipher the line between marketing and merit in a field.  

Illinois imposes various regulations on the transportation of alcohol and marijuana in motor vehicles. These laws differ from alcohol or marijuana-related DUI laws in Illinois. However, a violation can result in a criminal offense, as well as a suspension or revocation of driving privileges.

This page explains the relevant legal standards, consequences for a violation, and how our office can help an individual with driver’s license reinstatement following an alcohol or cannabis-related suspension or revocation.

Transportation or Possession of Alcohol in a Vehicle

Section 11-502 of the Illinois Vehicle Code prohibits drivers and passengers from transporting or possessing open containers of alcoholic liquor within the passenger area of a motor vehicle on a public highway. Alcohol may only be present if it is in the original container with the seal unbroken. Any open container must be placed in an area not accessible while driving, such as the trunk.

There are limited exceptions for specific types of vehicles. Alcohol may be lawfully transported in the passenger area of a limousine, chartered bus, or motor home when used for their customary purposes. However, even in these cases, the driver is strictly prohibited from possessing or consuming alcohol near the driver’s compartment. Any evidence that the driver consumed alcohol is considered prima facie evidence of a violation of this section.

A conviction for Illegal Transportation of Alcohol can affect a person’s driving privileges. For drivers age 21 and older, a first offense is considered a moving violation. A second conviction within a one-year period results in a mandatory 12-month suspension of the individual’s driver’s license under 625 ILCS 5/6-206(a)(23). For drivers under the age of 21, the consequences are more severe. A first-time conviction leads to a 12-month suspension, and a second conviction can result in a full revocation of driving privileges, pursuant to sections 5/6-205(a)(13) and 625 ILCS 5/6-206(a)(33) of the Illinois Vehicle Code.

In terms of criminal classification, Illegal Transportation of Alcohol is a petty offense punishable by a fine of up to $1,000 plus court costs. Because it is a moving violation, it can also add points to the Illinois driver’s record. These penalties apply in addition to any administrative action taken by the Secretary of State.

Cannabis Possession and Use in a Motor Vehicle

The legalization of adult-use cannabis in Illinois has not removed all restrictions, particularly regarding use and transport in vehicles. Section 11-502.15 of the Vehicle Code establishes firm boundaries for drivers and passengers when cannabis is present in a motor vehicle on a public highway. Under 625 ILCS 5/11-502.15, the following restrictions apply:

• Drivers may not use cannabis in the passenger area of a motor vehicle.
• Drivers may not possess cannabis within the vehicle unless it is stored in a secured, sealed or resealable, odor-proof, child-resistant container that is inaccessible during vehicle operation.
• Passengers are subject to the same restrictions on use and possession.

Any person who knowingly violates subsection (a), (b), or (c) of this statute commits a Class A misdemeanor. This applies regardless of the legality of the cannabis purchase or possession elsewhere. In other words, lawful possession under the Cannabis Regulation and Tax Act does not permit open or accessible cannabis in a vehicle.

When transporting legally obtained cannabis, proper storage is critical. Compliance requires that cannabis be inaccessible to the driver and any passengers during transport. Generally, this means placing the product in a sealed container in the trunk. A glove compartment or passenger seat is not considered inaccessible for legal purposes.

License Suspension or Revocation for Transportation Violations

In addition to potential court-imposed penalties, transportation offenses can result in suspension or revocation of driving privileges through the Illinois Secretary of State. These penalties are administrative and occur independently of criminal sentencing. The length and type of suspension depend on the nature of the violation and the driver’s age and record.

Alcohol-Related Suspensions

For drivers age 21 and over, a second or subsequent conviction for illegal transportation of alcohol under Section 11-502 within one year allows the Secretary of State to enter a discretionary suspension under 625 ILCS 5/6-206(a)(23).

For drivers under the age of 21, Illinois law imposes stricter penalties for transporting or possessing alcohol in a vehicle, even if the container is not open. A first conviction for illegal transportation under 625 ILCS 5/11-502 can result in a suspension of driving privileges under 625 ILCS 5/6-206(a)(33). The length of the suspension for the first offense is typically three months.

If the underage driver is convicted a second time, the Secretary of State may revoke the driver’s license under 625 ILCS 5/6-205(a)(13). Unlike a suspension, a revocation generally requires a hearing with the Illinois Secretary of State to request driver’s license reinstatement in the future. Unlike a suspension, it does not automatically end on a given date if all other requirements are satisfied, such as payment of reinstatement fees.

Under state procedures, once a qualifying conviction is entered in court, the clerk of the court must notify the Secretary of State. The administrative suspension or revocation can then be imposed, separate from any court fines, community service, or other penalties. These rules reflect Illinois’ zero-tolerance approach to underage alcohol offenses.

Cannabis and Controlled Substance Suspensions

Drivers convicted of illegally possessing cannabis while operating or in actual physical control of a motor vehicle may face a one-year suspension of their driving privileges under 625 ILCS 5/6-206(a)(28). This includes cannabis prohibited under the Cannabis Control Act, as well as other controlled substances under the Illinois Controlled Substances Act or Methamphetamine Control and Community Protection Act.

The law requires that the court make an explicit finding that the offense occurred while the defendant was operating a motor vehicle. Once this finding is made, the clerk must report the offense to the Secretary of State, and a suspension can be imposed.

Reinstating Driving Privileges After Suspension or Revocation

A license suspension or revocation resulting from alcohol or cannabis transportation violations can significantly impact daily responsibilities, including employment, childcare, and education. Fortunately, relief options may be available depending on the circumstances and driving record.

The first step in addressing a transportation-related suspension is to determine eligibility for driving privileges. In cases of driver’s license revocation, an Illinois Secretary of State hearing will be required to apply to reinstate a driver’s license. In contrast, a suspension may only involve payment of a reinstatement fee and confirmation that the suspension term has ended.

It is essential that a suspended or revoked driver consults with an Illinois driver’s license reinstatement attorney to determine the best course of action in their specific case.

Contact Wirth Law for a Free Consultation

Illegal transportation of alcohol or cannabis may seem like a minor traffic matter, but it can have serious consequences on driving privileges. Wirth Law has been practicing Illinois driver’s license reinstatement law since 2002. We have extensive experience with driver’s license reinstatement hearings in Illinois. Our firm is committed to helping individuals get their driver’s license back after a suspension or revocation.

Jennifer Wirth, Attorney at Law, has received the Avvo Client Choice Award annually for the last decade, while maintaining a perfect 10.0 rating on Justia. With a win rate of 95% of first-time hearings on an annual basis, we remain committed to providing exceptional client service and outstanding legal representation. We believe that clients deserve a top-quality license reinstatement lawyer when dealing with the loss of their driver’s license.

Our office provides free consultations and flat-fee pricing for driver’s license reinstatement services. Contact our office for a free consultation by calling (312) 761-8290 or completing our contact form.

As of July 1, 2024, Illinois has adopted a major change in its approach to non-citizen driver’s licenses. The state now offers a standard four-year driver’s license to undocumented immigrants and other non-citizen residents. These licenses bear the label “Federal Limits Apply,” and replace the former Temporary Visitor Driver’s License (TVDL), which was limited in both function and appearance. The legal framework supporting this shift is part of the legal trend to expand access to driving privileges, improve public safety, and reduce discrimination across Illinois communities.

Wirth Law, a driver’s license reinstatement law firm, helps individuals understand and navigate these changes—particularly those who have experienced suspensions, revocations, or licensing complications related to immigration status. With locations in Chicago and Naperville, our practice helps individuals legally obtain driving privileges in the Chicagoland area, as well as surrounding rural communities.

Legal Foundation: From TVDL to Federal Limits Apply Licenses

In 2013, the former TVDL system was created, which allowed the Secretary of State to issue a driver’s license to individuals who were ineligible for a Social Security number. Under subsection (a), a license could be issued to someone who provided documentation from U.S. Citizenship and Immigration Services (USCIS). Subsection (a-5) expanded eligibility to individuals who could not provide USCIS documentation but had resided in Illinois for more than one year and could present a valid passport or consular identification document.

Although more than 300,000 TVDLs were issued under this law, the licenses were clearly marked with a purple banner and the phrase “Not Valid for Identification.” These visual markers exposed holders to stigma and discrimination, even when they had lawful presence.

In July of 2024, a new law became effective in Illinois for non-citizen driver’s licenses. With the changes made to 625 ILCS 5/6-105.1, the separate TVDL designation was eliminated and replaced with a standard driver’s license that states, “Federal Limits Apply.” These new licenses cannot be used for federal identification purposes, such as boarding airplanes or entering federal buildings, but they otherwise function like any standard driver’s license issued in Illinois.

The shift to a more inclusive licensing system also reflects a broader goal of improving road safety. With more non-citizens now able to take required driving exams and obtain insurance, Illinois roads are expected to see fewer unlicensed and uninsured drivers. Many lawmakers supported this reform to reduce both legal risk and social inequality.

Will the Secretary of State Share Information with Immigration Authorities?

A common concern among applicants is whether information submitted to the Secretary of State could be shared with Immigration and Customs Enforcement (ICE) or other federal agencies. The law specifically addresses this issue by prohibiting the use of license data for immigration enforcement purposes, except under very limited circumstances.

As of July 1, 2024, immigration authorities must present a court-issued warrant, order, or subpoena to access personal driver information, pursuant to 625 ILCS 5/6-110.3. The Secretary of State’s office has implemented internal policies and staff training to ensure compliance with these protections, helping to prevent unauthorized data sharing or misuse of personal information. The added legal protections are intended to encourage compliance with licensing and insurance laws without fear of immigration consequences.

The Role of a Driver’s License Reinstatement Attorney

Navigating the “Federal Limits Apply” license can be complex, especially when an applicant’s driving privileges are revoked or suspended for reasons such as false identification or a DUI conviction in the past. An experienced driver’s license attorney plays a crucial role in helping non-citizens move forward with the Illinois license reinstatement process. At Wirth Law, our services include the following:

• License Reinstatement Hearings. Our office regularly represents revoked drivers at formal and informal license reinstatement hearings. Our representation includes filing for a hearing, obtaining evidence, reviewing testimony, and advocacy at the hearing.
• Fraud Defense and Resolution. We help persons clear up identity issues when they are flagged by the Secretary of State for fake identification cards or facial recognition mismatches.
• Legal Guidance for Suspensions and Revocations. Our law practice has over two decades of experience with driver’s license reinstatement. We regularly work with a variety of Illinois suspensions and revocations, whether related to DUI, criminal offenses, or various traffic offenses.

Wirth Law also helps non-citizens understand what type of driving relief is available in their specific situation. For some, a Restricted Driving Permit may be the most appropriate solution. For others, full reinstatement may be possible. We understand the process of getting a driver’s license back in Illinois and regularly help clients drive again.

Advocating for Fair and Equal Access

Illinois has taken a major step forward by replacing the TVDL with a standard driver’s license that avoids marking non-citizens and undocumented immigrants differently on a license. This change reflects the principle that all residents, regardless of immigration status, deserve equal access to public safety systems and basic services.

By streamlining access and removing discriminatory elements of the licensing process, the new law helps ensure that all drivers are tested, insured, and registered under the same set of rules. This benefits not only immigrant communities but also prioritizes safety for all Illinois residents on the road.

Free Consultations

When an Illinois driver’s license is revoked or suspended, it can impact many areas of a person’s life, including work, school, or family obligations. Wirth Law has been practicing Illinois driver’s license reinstatement law since 2002. We have extensive experience with driver’s license revocations in Illinois and helping revoked drivers get their license back.

Jennifer Wirth, Attorney at Law, has received the Avvo Client Choice Award annually for the last decade, while maintaining a perfect 10.0 rating on Justia. With a win rate of 95% of first-time hearings on an annual basis, our office is committed to providing exceptional client service and outstanding legal representation.

Our office provides free consultations and flat-fee pricing for driver’s license reinstatement services. Contact our office for a free consultation by calling (312) 761-8290 or completing our contact form.

This article offers an overview of the criteria to request a hardship permit before an applicant becomes eligible for full reinstatement of their driver’s license.

The Secretary of State offers various types of driving permits to applicants, depending on their offense history and eligibility for driving relief.  If an applicant is not eligible for full reinstatement or a probationary permit, the Secretary may consider issuing a hardship permit.”  Hardship permits are considered when a revoked driver is experiencing an extreme hardship that warrants the issuance of a restricted driving permit to meet certain obligations.

Hardship permits are available for specific purposes only, including work, school, daycare, court-ordered community service and support group meeting attendance. The Secretary of State provides a detailed listing of the circumstances where a hardship permit may be requested in Section 1001.420(b)(1) of their Code.

Pursuant to the Secretary of State rules, an applicant for a hardship permit must attend a hearing and prove the following, by clear and convincing evidence, the following to the State:

• There are no reasonable alternative means of transportation available to get to work, school, support group meetings, or any other recognized purpose that may merit a hardship permit;
• The issuance of a hardship permit will not endanger public safety and welfare; and
• If a restricted driving permit is not issued, an undue hardship will result, such as loss of job or inability to get to classes to complete coursework. 

The availability of a ridesharing service, such as Uber and Lyft, does not necessarily preclude a hardship permit. An applicant can present evidence to show why they cannot continue to meet their obligations by utilizing a ridesharing service, such as long-term cost or lack of availability in their area. Some applicants may reside in remote locations where ridesharing services aren’t readily available, where other applicants may have job-related driving requirements that make ridesharing services unfeasible or cost prohibitive.

The Secretary looks at specific factors to define what constitutes “hardship.” Under the Code, hardship does not exist if the loss of driving privileges is simply inconvenient to the applicant, their friends and/or family members.  A hardship applicant must present evidence that there are no reasonable alternative means of transportation available to them to accomplish a recognized purpose, such as getting to work or school.  The Secretary will consider if alternatives exist to driving, such as walking, mass transit, carpools, or being driven. Further, the Secretary will examine how the petitioner is currently getting to the destination and whether that arrangement can continue until they are otherwise eligible to apply for driving privileges.

In cases where the applicant is requesting a work permit, the Secretary will examine whether driving is required in the course of employment, as well as the distance between the applicant’s residence and the destination. Many professions require travel as part of their job, such as trade workers, real estate agents, and persons in sales or consulting. The Secretary will consider the nature of the profession to determine if alternate transportation would be reasonable given the driving requirements. For instance, if utilizing multiple ridesharing services would be necessary to perform a job, the State may find the cost of the service amounts to a hardship.

When a person is not yet eligible for a probationary permit or reinstatement, hardship permits can be a viable option to meet the obligations of work, school, or other specific purposes. Our office is happy to provide a free consultation to determine whether a hardship may exist that merits a potential permit. To schedule a consultation, please contact us at (312) 761-8290 or email our office directly at jennifer@wirthlaw.org.

The information contained in this article is not legal advice nor does it create an attorney-client relationship. We recommend contacting a qualified attorney to discuss the particular facts of your case to determine the best legal course of action.

To view our video explainer on the difference between informal and formal hearings, click here for our watch page.

The Illinois Secretary of State has two types of hearings to request driving privileges after a license revocation – formal and informal hearings. The reason for revocation dictates which type of hearing is required of an applicant for driving privileges.

A formal hearing is required for a person whose driving privileges have been suspended or revoked due to having multiple DUI suspensions/revocations, a DUI involving a Type A injury accident, a Reckless Homicide revocation, or any other offense where a fatality occurred while operating a motor vehicle.

Conversely, an informal hearing is required for a person whose driving privileges have been suspended or revoked for a single DUI (excluding reckless homicides and Type A injury accidents), as well as revocations for less serious moving violations and offenses. Informal hearing officers may also accept requests to change the information on existing permits and renew permits if there were no BAIID violations during the permit period.

The conduct of a formal hearing is more like a trial setting than an informal hearing. Formal hearings are scheduled in advance by the State and the applicant is sent written notice of the date. During the proceedings, the hearing officer acts as a decisionmaker, while the Secretary of State’s representative is the attorney for the Secretary, retained to protect their interests. The applicant is entitled to bring a defense attorney to advocate on their behalf.

At the beginning of a formal hearing, the attorneys for both sides submit evidence to support their case. The proceedings are recorded, and the applicant may be questioned by both attorneys, as well as by the Hearing Officer. At the conclusion of the formal hearing, the Hearing Officer writes a decision, subject to review, that should be sent to the applicant within ninety (90) days after the formal hearing has taken place.

In contrast, an informal hearing is held in an office setting, where the hearing officer sits behind a desk and asks the applicant specific questions. The applicant’s answers are written down by the informal hearing officer and a non-binding recommendation is made to the Secretary by the hearing officer. The proceedings are not recorded, and the State does not have an attorney present. However, applicants are entitled to prepare with their own attorney and bring representation to an informal hearing. After the hearing, the applicant is mailed a written decision after review has been completed.

An applicant for a formal hearing must pay a $50.00 filing fee at the time of filing for a hearing. If the applicant is represented by an attorney for a formal hearing, their attorney may file for the hearing on their behalf. The applicant, as well as their attorney who files on their behalf, will be notified of the hearing date by either regular mail or email.

A formal hearing request must be made in writing through the U.S. mail and should be sent to the location where the applicant would like to sit for the hearing. The Illinois Secretary of State holds formal hearings at four locations in the state: Chicago, Joliet, Springfield and Mount Vernon.

The Illinois Secretary of State holds informal hearings on a walk-in basis at many DMV locations throughout the state. To find an informal hearing officer, the Secretary maintains a List of Hearing Officer Locations. An applicant should call in advance, whenever possible, to ensure an informal hearing officer is present before showing up for an informal hearing. An informal hearing officer may be temporarily assigned to a different location, maintain specific hours or have taken the day off work.

For both formal and informal hearings, it is strongly recommended that applicants hire an experienced attorney for the Secretary of State hearing process. The Secretary of State maintains copies of all documents submitted at a hearing. They also keep a record of the statements made at prior hearings and their written decisions. It is always advisable to prepare with legal counsel in advance to reduce the likelihood of errors or misunderstandings that may lead to a denial at a hearing.

Our office offers free consultations regarding our legal services for driver’s license reinstatement hearings for revoked drivers in Illinois. Please do not hesitate to contact us for a free consultation at jennifer@wirthlaw.org or by calling 312.761.8290.

Drivers with a breathalyzer in their vehicle should avoid certain substances before using the device to minimize the potential for a false positive reading.

Many of the permits issued by the Secretary of State mandate an individual to have the Breath Alcohol Ignition Interlock Device (BAIID) installed in their vehicle as a condition of driving. The BAIID requires a driver to submit to breath alcohol testing at the time of starting their vehicle, while also prompting them to perform rolling retests while operating their vehicle.

The BAIID is designed to monitor a driver’s BAC level while driving as a safeguard against driving under the influence. The machine is equipped with a camera that takes a photo of the driver at the time of testing. The camera helps prevent positive readings from being attributed to the permittee if another person is using their vehicle at the time of the reading. The camera function is not a video camera – it does not tape you while driving, it only takes a photo of you when you are testing.

When a client has a BAIID in their vehicle, our office provides two general guidelines to help minimize the occurrence of false positives on an interlock device:

1. Wait twenty minutes after putting anything in your mouth before submitting to a BAIID test; and

2. Use soap to clean yourself or your car since many cleaning products contain alcohol.

We recognize that there are situations where a person does not have the time to wait twenty minutes to start their vehicle and may accidentally contaminate the machine with an outside substance. However, as a very broad rule of thumb, these two practices will help lessen the probability of false positives on a BAIID device.

We also encourage people to avoid certain substances before using a breathalyzer that may produce a false positive reading. There are different technologies used for testing devices. Therefore, we cannot create an exhaustive list since some devices are not triggered by contaminants that may affect other types of devices. However, some items that may affect the BAIID include the following:

Mouthwash – Many types of alcohol-based mouthwash contain a high percentage of alcohol – as high as 26% in some brands. So even though you don’t ingest mouthwash, there could be enough alcohol on your breath to register a false positive in a short time-period after use.

Breath spray – As with mouthwash, many breath freshener sprays contain high amounts of alcohol, which may lead to a positive reading on the device.

Fruit drinks and other beverages – There can be some fermentation in fruit drinks, kombucha, and energy drinks that may cause a minimal amount of alcohol to register on your interlock device.

Cough Syrup – Some cold and cough syrups contain high amounts of alcohol, which may cause a positive reading on the interlock device. We encourage interlock users to opt for an alcohol-free cough syrup whenever medically appropriate.

Hand Sanitizer – Most hand sanitizers contain a large percentage of alcohol in their ingredients. If possible, we encourage interlock users to sanitize with soap and water to avoid breathalyzer contamination during use.

Perfumes and Colognes – Some perfumes and colognes have alcohol as an ingredient. If a breath sample is contaminated in the passenger cabin with the spray, it may result in a false positive reading.

Chemicals and Cleaners – Some auto and trade products contain alcohol, such as windshield washer fluid and paint thinner. Although poisonous to ingest, the fumes from the product may contaminate the breathalyzer for a brief period if in close contact with the device.

If a BAIID user has a failed interlock test, the Secretary of State may write a letter to request an explanation for the positive reading. The State allows twenty-one days to provide a written explanation relating to the cause of the reading. If the test was contaminated, the BAIID user should provide supporting documentation to demonstrate that the reading was not related to legitimate alcohol use. If surrounding tests were passed, this factor should be highlighted in the response. In cases where the State accepts the response, it is not deemed to be a violation of the BAIID program.

The best solution to avoid testing failures to avoid alcohol use and products containing alcohol when using the BAIID device. The Secretary of State is not obligated to accept any explanation and a person’s credibility may become diminished if they accrue multiple BAIID readings due to alleged contamination. The best rule of thumb is to avoid drinking alcohol altogether, while waiting twenty minutes before the test after ingesting any food item or handling alcohol-based chemical products.

NOTE: This article is not legal advice and does not create any attorney-client relationship. We encourage persons to consult with an attorney on the specific facts of their case.

Jennifer Wirth has been practicing DUI defense and driver’s license reinstatement law in Illinois for over two decades. For a free consultation, please contact the office at contact@wirthlaw.org or call (312) 761-8290.

In Illinois, a DUI can be charged as a misdemeanor or felony, depending on a variety of factors. This article reviews the maximum penalties for each class of misdemeanor and felony.

Generally, felonies and misdemeanors are distinguished by the term of imprisonment allowed for the offense. A felony is any offense that is punishable by one year or more of imprisonment, while the maximum term for a misdemeanor is up to 364 days in jail.

Illinois law has three classes of misdemeanor crimes and five classes of felony offenses, subject to some exceptions. The law distinguishes the offenses by the maximum fine and/or term of imprisonment allowed upon a finding of guilt in court.

It is important to understand that these are the absolute maximum penalties that can be given by a court for each class of offense. A court may impose a different sentence, including a sentence that does not include any imprisonment, whenever allowed and deemed appropriate during sentencing.

Classes of Misdemeanors in Illinois

• Class A Misdemeanor. Maximum penalty is up to 364 days in jail and/or a fine of up to $2,500.
• Class B Misdemeanor. Maximum penalty is up to 180 days in jail and/or a fine of up to $1,500.
• Class C Misdemeanor. Maximum Penalty is up to 30 days in jail and/or a fine of up to $1,500.

It should be noted that court costs and/or court-ordered programs may incur additional financial obligations, aside from the maximum penalty fine for a charge. For example, a defendant may receive a fine of $2,500 for a Class A Misdemeanor, but they may be ordered to pay court costs and complete treatment at their own expense.

Depending on eligibility, a court may also give different types of dispositions in a misdemeanor case, as outlined in 730 ILCS 5/5-6-1. The following features distinguish supervision, conditional discharge and probation:

• Supervision. A sentence that does not carry any jail time but allows the court to impose other obligations on the defendant, such as payment of fines and/or completion of treatment. Generally, supervision is not considered a “conviction,” absent specific traffic dispositions for CDL-licensed drivers.
• Conditional Discharge. Conditional discharge is considered a “conviction,” but does not carry a jail sentence or require reporting to a probation officer. Instead, the court may impose other requirements during sentencing, such as fines, community service, court monitoring and/or treatment. Unlike supervision, conditional discharge on a DUI charge will result in the revocation of a defendant’s Illinois driving privileges.
• Probation. Probation is considered a “conviction” and the defendant may be subject to a term of jail time, as well as monitoring by the probation department. A sentence of probation on an Illinois DUI charge will result in the revocation of a defendant’s Illinois drivers license.

Classes of Felony Offenses in Illinois

In Illinois, an offense may be charged as a felony by preliminary hearing or indictment. Some criminal offenses in Illinois can be charged as either a misdemeanor or a felony, subject to the State’s discretion. It is important to note that a misdemeanor charge may be upgraded to a felony if certain aggravating factors exist.

The classes of felony offenses in Illinois vary regarding imprisonment and whether a defendant is eligible for probation. A sentence of supervision or conditional discharge is not available for felony offenses. With rare exception, the maximum fine on all Illinois felonies is $25,000. Illinois law distinguishes the classes of felonies in the following manner, without accounting for any potential extended-term sentencing:

• First Degree Murder (Class M Felony). First-degree murder is in a class of its own in Illinois, charged as a “Class M Felony.” The offense carries a minimum of 20 years imprisonment with the maximum punishment being a life sentence. Illinois no longer has the death penalty pursuant to legislation signed by former Governor Quinn in 2011. Therefore, life without parole is the maximum penalty (also known as “natural life”). If convicted of first-degree murder, the defendant is required to serve the entirety of their sentence, with no credits or early release. 720 ILCS 5/9-1.
• Class X Felony. A Class X felony carries a mandatory sentence of 6-30 years in the Illinois Department of Corrections (IDOC). If found guilty, the defendant is not eligible for probation, even if they have no criminal history. 730 ILCS 5/5-4.5-25.
• Class 1 Felony. A Class 1 felony carries a sentencing range of 4-15 years of imprisonment in the Illinois Department of Corrections. However, the court is allowed to sentence a defendant to probation, unless the offense is specifically deemed non-probationable. 730 ILCS 5/5-4.5-30.
• Class 2 Felony. A Class 2 felony carries a sentencing range of 3-7 years of imprisonment with the Illinois Department of Corrections. The court may sentence a defendant to probation unless the specific offense has been deemed non-probationable. 730 ILCS 5/5-4.5-35.
• Class 3 Felony. A Class 3 felony carries a sentencing range of 2-5 years of imprisonment with the Illinois Department of Corrections. The court may sentence a defendant to probation unless the specific offense has been deemed non-probationable. 730 ILCS 5/5-4.5-40.
• Class 4 Felony. A Class 4 felony carries a sentencing range of 1-3 years of imprisonment with the Illinois Department of Corrections. The court may sentence a defendant to probation unless the specific offense has been deemed non-probationable. If a crime is designated a felony but is not assigned a specific class in the law, it is given a classification as a Class 4 felony. 730 ILCS 5/5-4.5-45 and 5/5-4.5-85.

Considerations in a DUI Case

Many clients hire our services after they have been convicted of a DUI in court and have had their license revoked by the Secretary of State. Some are shocked that their license was revoked and believed their court case was closed at the time of sentencing. It is important to remember that a conviction on an Illinois DUI charge will result in the revocation of Illinois driving privileges.

Before pleading guilty to a DUI charge, it is important to fully understand the potential sentencing, as well as the implications on driving privileges. Our office focuses exclusively on DUI defense in the overall criminal defense field. We are happy to provide a free consultation to those with questions about a pending DUI charge or revoked license.

With probationary permits replacing many restricted driving permits, the Secretary of State is enabling many people to drive for work and pleasure prior to full reinstatement.

n January of 2022, the Illinois Secretary of State began issuing a newly-created permit available to many revoked drivers, entitled the “Lawful Purpose Permit” (LPP). The LPP allows eligible petitioners to drive for any lawful purpose, up to twelve hours a day, six days per week, within a 200-mile radius of their residence.

In this article, I briefly summarize how the LPP changes permit restrictions for certain petitioners, as well as answer common questions posed about the new permit.

What is a “Lawful Purpose?”

In the past, the Secretary of State would only issue restricted driving permits to revoked drivers for specific driving purposes, such as work, school or medical purposes. Although these classifications remain in effect for some revoked drivers, the LPP allows eligible petitioners to drive for any lawful reason, within a 200-mile radius, up to twelve hours a day and six days per week.

The “lawful” restriction is pretty straightforward. If a permittee robs a bank on their LPP, the permit doesn’t cover driving to and from the bank to commit the robbery. Conversely, a permittee can use their LPP to drive to the bank to legally deposit or withdraw money. So long as the purpose is “lawful,” the LPP allows for such driving within the parameters of the permit.

This is a positive change in the law for petitioners who quality for the LPP. LPP holders may drive to go shopping, workout at the gym, go to the movies and/or visit family and friends. Once they have a LPP, the permittee can choose any lawful purpose in which to drive, subject to the above stated restrictions.

Will Lawful Purpose Permits Require a Breathalyzer?

The LPP does not change whether or not a breathalyzer is required to drive on a permit. If the Secretary of State has deemed you to be a BAIID petitioner, you will be required to have a breathalyzer installed while driving on an LPP.

Who Can Apply for a Lawful Use Permit?

Effective January 1, 2022, the following groups of petitioners and/or permittees are eligible for a probationary permit:

• Any petitioner that is eligible for full reinstatement;

• Any petitioner that is currently driving on a restricted probationary permit;

• Any five-year BMO Petitioner can apply for a LPP, even if they are in hardship; and

• Any five-year BMO Petitioner that is currently driving on a hardship permit.

The following petitioners are not eligible for a Lawful Purpose Permit. These petitioners are restricted to hardship permits under the original classifications (i.e., work, school, support group, etc.):

• An applicant that is considered a “Lifetime Petitioner,” as a result of four or more DUI convictions; and

• An applicant that is not subject to the five-year BMO permit and is currently in hardship.

Can I Split My Lawful Purpose Permit Hours?

If a petitioner is eligible for a LPP, they are allowed to pick the specific twelve-hour period of a day they would like to drive. A petitioner may “split” the hours once in a day.

For example, if a petitioner does not drive between 9 a.m. and 2 p.m. while working at a desk job, they can ask that an LPP permit be issued for the hours they are not working. In such a scenario, a petitioner may split the hours in a twelve-hour period, asking for two hours to get to work between 7 a.m. and 9 a.m., leaving them with ten hours to choose the next driving period.

With the remaining ten hours, the petitioner may request to drive between 2 p.m. and Midnight. If a petitioner chooses to split the hours, they would not be able to drive during the period not selected, such as 9 a.m. to 2 p.m. in the above listed example.

I Am on a Restricted Driving Permit. How do I Convert it to a Lawful Purpose Permit?

If a petitioner is eligible for a Lawful Purpose Permit, they can convert their current restricted driving permit to a LPP by visiting an Informal Hearing Officer. Informal Hearing Officers are located throughout the state and a petitioner should call ahead to ensure they have one present before they visit a facility. For a list of informal hearing locations, click here.

When the petitioner visits the Informal Hearing Officer, they will be required to bring a $5 check or money order, payable to “Secretary of State,” as well as an original copy of their current restricted driving permit(s). The Informal Hearing Officer will give them forms to complete, including a form to choose the days and hours they would like to drive on their Lawful Purpose Permit.

Click to view a sample of the form to complete to choose the LPP hours.

Once the forms are completed, the Petitioner will be allowed to keep their current restricted driving permits until their new LPP arrives in the mail. Once the new LPP arrives, the old restricted driving permit will no longer be valid and the LPP will take the place of any former restricted driving permit(s).

This article does not serve as legal advice. All persons are encouraged to consult with a qualified attorney to determine the best course of action in their particular case. There is no attorney/client relationship formed through our website or reading our materials.

If you would like a free consultation with Jennifer Wirth, please do not hesitate to call our office at 312.461.0400 or email directly at jenniferwirth@msn.com. We return calls and emails the same business day they are received.

Although the two professions play different roles in a hearing, they are equally important. An attorney cannot provide DUI treatment for a client and a DUI treatment provider cannot provide legal advice or services. A successful hearing often occurs when a client pairs the services of an experienced DUI drivers license reinstatement attorney with a knowledgeable, licensed treatment provider.

On occasion, a client will tell us that their treatment provider advised them in some way about the formal hearing process. This varies from their treatment provider simply telling a client they don’t need an attorney to more extreme cases where a provider offers to prepare a client through conducting “mock hearings” at their facility.

If a person has one takeaway from this article, let it be that treatment providers and attorneys have very different roles when it comes to Secretary of State hearings. Our office is not licensed nor trained to provide a client with treatment. Likewise, a treatment provider is not licensed nor trained to practice law.

It is critical to understand that each professional provides a different service and plays a markedly different role in the process.

Parties to a Formal Hearing with the Secretary of State

When preparing for their first hearing, many clients are confused about who will be present on the day of the hearing.

Treatment providers are not a party at a formal hearing, and cannot provide legal advice or representation for a hearing.

A formal hearing is a legal proceeding and a petitioner’s representative must be properly licensed to legally act on their behalf. Most commonly, a petitioner retains the services of an attorney that holds an Illinois law license. The administrative code makes limited exceptions for law students and out-of-state attorneys who meet specific criteria. 92 Ill. Adm. Code 1001.30 and 1001.40.

During a formal hearing, the Secretary of State is required to have a duly-appointed hearing officer presiding over the case.

A hearing officer’s role is comparable to a judge. The hearing officer has the authority to conduct the hearing, rule on motions, administer oaths, subpoena witnesses and documents, examine witnesses and rule upon the admissibility of testimony or evidence. 92 Ill. Adm. Code 1001.100(c)

The Secretary of State may also appoint a representative to appear and participate in the hearing on their behalf. As the title suggests, the representative is present to represent the Secretary of State’s interests, rather than a petitioner’s interests. 92 Ill. Adm. Code 1001.100(c)

If a petitioner attends a formal hearing without counsel, the hearing officer, as well as the Secretary of State’s representative, are normally the only other parties to the hearing, aside from the Petitioner. The Secretary of State’s representative can call the petitioner as a witness and examine them as if under cross-examination. 92 Ill. Admin. Code 1001.100 (c)(i) and (o). The hearing officer also retains the authority to question a petitioner at a formal hearing.

A critical advantage to having legal counsel is that the petitioner’s attorney is able to question their client first at a formal hearing. The hearing officer and Secretary of State’s representative can choose to follow-up with questions after petitioner’s attorney has completed their examination. 92 Ill. Adm. Code 1001.30(i)

Evidence in a Formal Hearing – Secretary of State and Treatment Provider Documents

A petitioner’s attorney plays a key role in obtaining evidence, presenting documents, calling witnesses and making specific objections during a hearing.

Prior to a hearing, the petitioner’s attorney may file a written “Motion to Inspect the Secretary of State’s documents.” When such a Motion is filed, the attorney has the right to inspect “any relevant document in the possession of or under the control of any other party, prior to the formal hearing.” 92 Ill. Adm. Code 1001.100(g)

The Secretary of State may have documents that they intend to use during a formal hearing, including, but not limited to, a driving abstract, DUI sworn reports, Problem Driving Point System (PDPS) results, as well as all documents and decisions from any prior hearings with the Secretary of State.

Before testifying, a petitioner should review the evidence that may be presented by the Secretary of State at their formal hearing. This allows a petitioner to provide accurate and knowledgeable testimony, while also minimizing the chances of being surprised or unprepared during questioning.

Further, a petitioner’s attorney has the right to subpoena documents and introduce exhibits when presenting a case for their client. This includes, but is not limited to, introducing the evaluation and treatment documents prepared by the petitioner’s treatment provider. 92 Ill. Adm. Code 1001.100(i)

When presenting exhibits, the petitioner’s attorney is reliant on their client having completed an evaluation, as well as treatment, with a knowledgeable provider that understands and adheres to Secretary of State standards. If the treatment documents are incomplete, inconsistent or indicate that treatment was ineffective or unsuccessful, the Secretary of State is likely to deny driving relief.

A petitioner’s attorney may object in certain scenarios. Although the technical rules of evidence do not apply in hearings, a Petitioner’s attorney can object to irrelevant, immaterial or unduly repetitious evidence, as well as to the disclosure of privileged information. If sustained, the evidence may be excluded. 92 Ill. Adm. Code 1001.100(e)

Post-Hearing Considerations

Once a formal hearing has been concluded, the Secretary of State has ninety days to issue a decision. 625 ILCS 5/2-118. If driving relief is granted, an attorney should guide their client on how to complete the requirements to obtain a restricted driving permit or full reinstatement of their driving privileges. If an adverse decision is received, the attorney can review the reasons for denial and recommend the best course of action to improve their chances of success at a future hearing.

Often, an attorney is only as effective in a hearing as the most recent treatment provider has been during counseling. An attorney can present treatment documents and inquire about the concepts that their client learned during treatment in a formal hearing. However, it is essential that their client successfully completed treatment with a knowledgeable provider and can relay the concepts learned in treatment when answering questions posed by their attorney and the Secretary of State.

Although the two professions play different roles in a hearing, they are equally important. An attorney cannot provide treatment for a client and a treatment provider cannot provide legal advice or services. A successful hearing often occurs when a client pairs the services of an experienced DUI drivers license reinstatement attorney with a knowledgeable, licensed treatment provider.

Prior to proceeding with a formal hearing, a revoked driver should consult with legal counsel to determine their best course of action. The information in this article is not legal advice and does not create an attorney/client relationship. Our office is happy to discuss the specific facts of a case during a free consultation.

On occasion, our office receives calls from revoked persons with a pending Driving on a Revoked License charge in court. In an effort to obtain a more favorable sentence, they want to know if we can clear their DUI-related drivers license revocation before their next court appearance.

On occasion, our office receives calls from revoked persons with a pending Driving on a Revoked License charge in court. In an effort to obtain a more favorable sentence, they want to know if we can clear their DUI-related drivers license revocation before their next court appearance.

The Secretary of State does not allow a revoked driver to attend a hearing, whether formal or informal, while they have a pending ticket. 92 Ill. Adm. Code 1001.420(g) and 92 Ill. Adm. Code 1001.430(h)

Under applicable law, the State will not grant full reinstatement, or a Restricted Driving Permit, while any moving traffic offense is pending against a petitioner in any court of this or any other state. The only exception to this law is where the pending citation or citations are also the only cause of the current loss of driving privileges. 92 Ill. Adm. Code 1001.420(g) and 92 Ill. Adm. Code 1001.430(h)

If a person has a pending Driving on Revoked charge, they cannot attend a hearing until the court closes the case through a finding of guilt or innocence. The Secretary of State also considers the length of time that has elapsed since the arrest for Driving on a Revoked as a factor in their decision making. It is typically not recommended to attend a hearing unless at least six to twelve months have elapsed since a Driving on Revoked arrest.

However, if sufficient time has elapsed, a revoked driver can still be in the process of completing their sentence at the time of a hearing since the case is no longer “pending” for Secretary of State purposes. In fact, our office has represented many people who obtain permits to complete their community service as part of the sentence for their Driving on a Revoked license charge.

When applying for driving privileges after a revocation, it is important to have an experienced drivers license reinstatement attorney represent you in the process. The information in this article is for informational purposes only and does not constitute legal advice. If you would like to discuss the specific facts of your case, we would be more than happy to provide a free consultation.

For roughly two decades, I have been representing clients at Secretary of State hearings to request the reinstatement of their Illinois driving privileges. During consultations, I have had many clients come to me with worries about the process, and sometimes, downright fear of the Secretary of State.

If you have one take away from this article, it should be this: Drivers License Reinstatement can be a positive legal proceeding if you have generally improved your lifestyle and are adequately prepared by your legal counsel for the hearing.

Many clients have heard stories from outside sources that the Secretary of State is geared up to yell and interrogate Petitioners at their hearing. This has not been our experience, nor should it be yours. As an attorney that regularly defends revoked drivers at these hearings, I have never had the State yell or demean my client. If you heard from a friend-of-a-friend that this happened to them, I assure you there was a good reason that their testimony elicited this negative reaction. I have found these hearings to be pleasant and respectful proceedings over many years of doing them.

Further, the Secretary has no incentive to do a grand interrogation of every mistake you ever made in life. The key to a controlled hearing is simply providing accurate, consistent and straightforward answers to their concerns at the outset of your hearing. To ensure everything runs smoothly, your attorney should review your testimony, the questions they intend to ask at your hearing and all documents to ensure your statements are accurate and cover the topics discussed in a typical hearing. As a result, the hearing itself should consist of you answering questions presented to you by your own attorney. The State may ask follow-up questions, but it is generally minimal and respectful if you have been prepared properly.

Finally, I want to dispel the myth that “everyone” gets denied on their first hearing. Since 2005, I have kept statistics on every decision provided to our clients in a Secretary of State proceeding. Over ninety percent of our clients have received driving privileges at their first hearing with the Secretary of State on an annual basis. The Secretary of State has no incentive to deny you for no valid reason, and in our experience, we see many good cases receive good results at the first hearing.

The hearing process is designed solely to determine whether or not you are an acceptable candidate to be a safe driver and if you have resolved any problems with alcohol and/or drugs. The punishment phase of your DUI case(s) ended in court, along with the fear of imprisonment and other penalties. The sole issue in a Secretary of State hearing is whether or not you will receive driving privileges.

Think of this process for what it truly is, rather than what you have been told to fear: It is the moment that you are requesting the freedom to drive again. This should be a positive moment, rather than a negative one.

To learn more about Secretary of State drivers license reinstatement hearings, please do not hesitate to contact Jennifer Wirth for a free consultation at 312.761.8290 or jennifer@wirthlaw.org.

Note: The information on this DUI license reinstatement blog is not intended to be legal advice. You should consult with a qualified attorney before beginning the Illinois Secretary of State License Reinstatement Process. This website does not create any attorney/client relationship.

If nothing else, it is my hope that this article dispels the myth that Petitioners should just “wing it” at their first hearing and retain an attorney for a second hearing if they are denied. This article explains why it is important to start our prepared at the first hearing with the Illinois Secretary of State.

In the past decade, over 95 percent of our clients have received driving privileges at their first hearing with our office. This includes first-time hearings, as well as persons who were denied at a prior hearing before retaining our office.

When granting driving privileges, the Secretary of State is concerned about whether or not a Petitioner has met their burden to obtain driving relief. The State doesn’t randomly deny applicants to punish them. In my experience, they are happy to grant driving relief if an applicant is prepared for the hearing and meets the burden to grant driving relief.

If nothing else, it is my hope that this article dispels the myth that applicants should just “wing it” at their first hearing and retain an attorney for a second hearing if they are denied. This strategy isn’t more cost-effective since it is often much more work for a license reinstatement attorney to undo a bad hearing than build a good case from the beginning. This may result in higher attorney fees for a second or subsequent hearing simply because it takes more work to review the record from an old hearing and address the reasons that an applicant was denied.

When a person attends a license reinstatement hearing, the Secretary of State keeps records of testimony and documentation submitted at the hearing. The records include, but not limited to, the following items: Evaluations, Updated Evaluations, treatment documents, letters and all prior decisions from past hearings. The decision from a prior hearing will recount the testimony given by an applicant. In cases where a revoked driver was denied at a hearing, their statements will need to be addressed at a subsequent hearing if the Secretary of State raised concerns about their testimony.

Simply put, a revoked driver should enlist an experienced drivers license reinstatement attorney before proceeding with an Illinois Secretary of State hearing. Prior to a hearing, counsel should prepare a client to ensure they are likely to meet the burden to obtain driving privileges. The factors that the Secretary of State considers when granting driving relief, include, but are not limited to, the following:

Undue Hardship

If a person is not eligible for reinstatement or a probationary permit, the State considers whether the applicant has met their burden for proving an undue hardship for a specific purpose, such as work, by not being able to drive.

The applicable law is clear that “mere inconvenience to the petitioner or family and friends is not undue hardship.” Rather, an applicant for a hardship permit must prove, among other factors, that reasonable alternative means of transportation are unavailable, such as walking, mass transit, car pools or obtaining a ride from another person. 92 Ill. Adm. Code 1001.420(d)

Further, the Secretary of State considers the method of transportation that the revoked driver is currently using to get to his or her destination. For example, a revoked driver may be taking Uber or Lyft to try to keep their job while going through the process to obtain a hardship permit. If they are financial unable to maintain this arrangement, or if it is causing them to be late and/or miss work, the Secretary of State may still find this to be a hardship.

It is not necessary that transportation does not exist. As the law suggests, the State considers whether there is a hardship, which may include employment consequences, such as facing termination if a permit is not obtained, or extreme financial hardship by not being able to drive for a given purpose.

Public Safety

When a revoked driver requests driving privileges, the Secretary of State also considers whether granting a permit will endanger public welfare or safety. A revoked driver must show that they will not be a danger to themselves or other persons while operating a vehicle. 92 Ill. Adm. Code 1001.420(d)

In cases where an applicant’s overall driving record shows a disregard for the law, such as accidents or a large number of moving violations, it may be advisable for a revoked driver to take a voluntary traffic safety school course to try to demonstrate lifestyle changes that suggest that they are likely to be a safe ations for Permit Issuance

The Secretary of State considers many other factors when determining if an applicant has met their burden to be given a permit. Under 92 Ill. Adm. Code 1001.420 (d), the State will consider several issues when granting driving privileges, which include, but are not limited to, the following:

• The petitioner’s age and the number of years they have been licensed to drive;
• Whether the petitioner has driven while suspended or revoked;
• Duration of present employment;
• The number, severity, and frequency of accidents;
• The petitioner’s overall driving record, as well as the frequency, type, and severity of traffic violations;
• Any efforts at rehabilitation or reform of past driving practices;
• The demeanor and credibility of the petitioner in the hearing, as well as any witnesses presented on their behalf;
• The credibility of and weight given to the petitioner’s documentary evidence, including evaluations, treatment documents and letters in alcohol/drug-related hearings
• The petitioner’s alcohol/drug-related criminal record, including, but not limited to, whether the petitioner was incarcerated and successfully participated in any rehabilitative activity during his or her incarceration. The State will also consider whether the petitioner complied with the terms and conditions of probation or parole;
• In cases where the petitioner is suffering, or has suffered, from a mental condition, the State will consider psychiatric reports to determine if the condition may affect his/her ability to operate a motor vehicle in a safe and responsible manner; and
• If a Petitioner was issued a permit from a prior hearing, the State will consider the length of time that the petitioner actually drove or has been driving on permits, their driving record while on those permits and whether they had any breathalyzer incidents on a prior permit.

Additional Considerations for Alcohol/Drug-Related Revocation

In addition to the factors listed above, the Secretary of State will consider certain other enumerated factors when a determining whether to grant driving relief after an alcohol or drug-related revocation under 92 Ill. Adm. Code. 1001.440(d). These factors include, but are not limited to, the following:

• The similarity of circumstances between alcohol or drug-related arrests;
• Any property damage or personal injury caused by the applicant while driving under the influence;
• Changes in lifestyle and alcohol/drug use patterns since their most recent arrest and the reasons for their lifestyle changes;
• The applicant’s lifetime alcohol/drug use pattern and the timing of the alcohol/drug-related arrests;
• The degree of self-acceptance of an alcohol/drug problem by the applicant;
• The degree of involvement in or successful completion of prior treatment following an alcohol/drug-related arrest. For High Risk, Dependent applicants, the State will also consider the degree of involvement in a support/recovery program;
• Prior relapses from attempted abstinence;
• Whether the applicant has identified and resolved the reasons for their past high-risk behavior;
• The applicant’s criminal history, particularly where alcohol/drugs were a factor in the offense(s);
• The applicant’s chemical test results, if any, from all prior alcohol/drug related arrests;
• If the applicant was denied at a former hearing, whether their evaluator has addressed the concerns raised in the denial order; and
• If the applicant was given an interlock permit in the past, the applicant’s record of performance while driving with a BAIID device.

At a Secretary of State hearing, an applicant faces scrutiny in many areas of their life. The State wants to ensure that a person does not currently suffer from a condition that would impair their ability to safely drive a vehicle, while also taking into account their overall driving history as an indicator of their likelihood of being a safe driver in the future.

An experienced drivers license reinstatement attorney can help prepare their client to meet the Secretary of State’s concerns with positive answers. Counsel may assist in obtaining evidence that mitigates past conduct or provides evidence of lifestyle changes since the last driving incident. The lawyer may review the topics that will be covered in a hearing and suggest areas of personal improvement that a client should highlight when testifying before the Secretary of State. The key to a first hearing isn’t to just “get it over with and be done with it,” but to do it correctly the first time.

Prior to attending a hearing with the Illinois Secretary of State, a revoked driver should consult with an experienced drivers license reinstatement attorney. The information contained in this article should not be construed as legal advice. Our office is happy to provide a free consultation to address the specific facts of a case.

This article discusses whether a revoked driver can request full reinstatement at an Illinois Secretary of State hearing, as well as permit eligibility in cases where reinstating a drivers license is not available or deemed appropriate by the Secretary of State.

The term, “Reinstatement Eligibility,” refers to the first date that a revoked driver is eligible to request full driving privileges at a hearing. If they have had their Illinois driving privileges revoked by the Secretary of State, they will be required to attend a hearing to obtain a restricted driving permit or reinstatement. The basis for the revocation will determine if they require a formal or informal hearing.

Five-Year BAIID Permits

For persons with two or three DUI convictions, they will be subject to a five-year BAIID permit, regardless of eligibility, before they are able to request full reinstatement. The five-year rule does not count DUIs that resulted in supervision or a reduced charge.

One notable exception to five-year permit is when a revoked driver resides out-of-state. A revoked driver that resides out-of-state, and is eligible for full reinstatement, may apply to reinstate their license without serving a five-year permit. However, the applicant must show proof of out-of-state residency to proceed with a hearing and they must license themselves in their home state if they are approved for full reinstatement.

Hardship Permits

If a revoked driver is not eligible for reinstatement, they may be able to request a hardship permit for specific driving needs if no reasonable alternative means are available. Hardship permits can be granted for a variety of reasons, such as work, school, community service, family education, daycare and attendance at support group meetings.

When applying for a hardship permit at a hearing, a revoked driver must prove, by clear and convincing evidence, that there is no reasonable alternative means of transportation available, that they will not endanger the public safety and welfare, and that an undue hardship will result if they are not issued an RDP. 92 Ill. Adm. Code 1001.420(a)(1).

Probationary Permits

If a person is eligible for full reinstatement, the Secretary of State can issue a probationary permit even if the revoked driver is eligible for full reinstatement.

Many revoked drivers believe that if they simply request full reinstatement only, the Secretary of State has to reinstate them. This is not accurate. The Secretary of State reserves the discretion to issue a restricted driving permit to applicants who are eligible for reinstatement at the time of their hearing. 92 Ill. Adm. Code 1001.420 (a)(2)

If a person is granted a probationary permit, the applicant should drive on the permit for 75% of its length before requesting full reinstatement of their license. A probationary permit is typically granted for one year, which means that 75% of the term encompasses a nine-month period of safe driving. When determining whether an applicant has met their burden of safe driving during a probationary permit, the Secretary of State looks to many factors, including whether they had tickets for moving violations, BAIID violations and/or an accident in which they were at fault during the term of their permit.

Prior to attending a Secretary of State hearing, a revoked driver should consult with an experienced drivers license reinstatement lawyer to determine their eligibility for driving relief and develop a strong strategy for presenting their case at a hearing. The information in this article is not legal advice. Every case is different. Our office provides free consultations if you would like us to review the specific facts of your case.

This article outlines the reasons that the Illinois Secretary of State can revoke or suspend an Illinois drivers license. If your license is suspended or revoked, we recommend contacting an experienced drivers license attorney to determine if you are eligible to obtain a permit, or if the revocation or suspension can be cleared by other legal means, depending on the facts of your case.

The Illinois Vehicle Code provides many scenarios where a person may have their Illinois driving privileges suspended or revoked.

Under 625 ILCS 5/6-205, the Illinois Secretary of State is required to enter a mandatory revocation if a person violates specific laws and/or is convicted of certain offenses. If an act does not fall under the mandatory revocation provisions, the Secretary of State may still exercise their authority to revoke a drivers license for certain offenses under 625 ILCS 5/6-206.

The Secretary of State takes action to revoke or suspend a license upon receiving notice from the court, or other relevant enforcement agency, that a violation and/or conviction has occurred.

Once a revocation or suspension is pending, a person may be eligible for a Restricted Driving Permit, or other legal relief. It is strongly recommended that a person facing the revocation or suspension of their license consult with an experienced Illinois drivers license reinstatement lawyer to determine if any form of driving relief is available.

Mandatory Revocation of Illinois Drivers License or Permit

The offenses that trigger a mandatory revocation of an Illinois drivers license include, but are not limited to, the following under 625 ILCS 5/205:

• Reckless homicide that results from the operation of a motor vehicle
• Driving under the influence or alcohol, drug(s) or other intoxicating substances
• Any felony in which a motor vehicle was used during the commission of the offense
• Leaving the scene of a traffic accident that involves death or personal injury. For purposes of mandatory revocation under this provision, “Personal Injury” is defined as any injury requiring immediate professional treatment in a medical facility or doctor’s office. 625 ILCS 5/11-401.
• Perjury or making a false affidavit to the Secretary of State relating to the ownership or operation of a motor vehicle
• Conviction of three charges of Reckless Driving in a twelve-month period
• Conviction of any offense defined in 625 ILCS 5/4-102 relating to damaging, removing parts or tampering with a vehicle, without authority to do so
• Drag Racing and/or Street Racing
• Violation of Chapters 8 and 9 of the Illinois Vehicle Code that involve carrying financial responsibility insurance for persons and/or businesses that have passenger transport vehicles, as well as vehicles for hire or rent
• Reckless Conduct that involves the use of a motor vehicle and causes bodily harm, endangers the safety of another person and/or causes permanent disfigurement to another person. 720 ILCS 5/12-5
• Aggravated Fleeing or Attempting to Elude a Peace Officer. 625 ILCS 5/11-204.1
• Unlawfully operating a Commercial Motor Vehicle under 625 ILCS 5/6-507(1)(b)
• Illegal transportation of alcohol, in cases where person is under the age of 21 and was previously convicted of illegally transporting alcohol. 625 ILCS 11-502
• If revoked for reckless homicide, a second or subsequent conviction for driving on a revoked license or permit
• The commission of any traffic offense that is the proximate cause of the death of another person
• Unlawful display of disability license plates and/or parking decal of deceased person under 625 ILCS 5/11-1301.3(a-2)
• A second or subsequent conviction of illegal possession of a controlled substance while operating, or in actual physical control of, a motor vehicle. The Judge shall make an entry in the court record that offense occurred while operating a motor vehicle and the clerk must report the violation to the Secretary of State
• While unlawfully passing a school bus, a driver is involved in an accident that results in death to another and the violation is the proximate cause of death

Discretionary Revocation of Illinois Drivers License or Permit

If a person has not committed a violation that would trigger the mandatory revocation of an Illinois drivers license or permit, the Secretary of State may still exercise their discretion to revoke or suspend a person’s driving privileges under 625 ILCS 5/206.

The offenses that trigger a discretionary revocation of an Illinois drivers license include, but are not limited to, the following under 625 ILCS 5/206:

• Conviction of three or more traffic offenses in a twelve-month period
• A person has been deemed a habitual traffic offender through repeatedly committing traffic violations and/or being involved in accidents to the degree that it indicates a lack of care in operating a vehicle or signals a disrespect for Illinois traffic laws
• A person has caused or contributed to a personal injury traffic accident while unlawfully operating a motor vehicle. For purposes of this provision, the injury must require immediate professional treatment in a medical facility or doctor’s office to any person involved in the accident
• A person has permitted the unlawful or fraudulent use of a drivers license, identification card or permit
• A person has been convicted of an offense in another state when, if it had been committed in Illinois, would be grounds for drivers license suspension or revocation
• A person who is required to take a driving examination fails the examination or refuses to submit to testing. 625 ILCS 5/6-207
• A person is deemed ineligible for a drivers license or permit under 625 ILCS 5/6-103. A person may be ineligible for a license for various reasons under this provision, such as age restrictions, as well as evidence of a drug/alcohol problem, medical issue or psychological condition that renders them unfit to safely operate a motor vehicle
• While applying for a drivers license, identification card or permit, a person uses false information, makes a false statement or knowingly conceals a material fact. This provision is often used to suspend or revoke a drivers license if a person under the age of 21 obtains or attempts to obtain a Fake ID using false information, but may be used in other scenarios.
• A person possesses, displays or attempts to fraudulently use any license, identification card or permit. As noted above, this provision is often invoked when a person under the age of 21 is in possession of a Fake ID, or presents a Fake ID to purchase alcohol or gain entry into a bar. However, this may be invoked in other scenarios, such as using false identification card to misrepresent citizenship status.
• A person has driven on a suspended or revoked license on a public highway. This provision does not apply to persons who are lawfully driving on MDDPs or Restricted Driving Permits.
• A person has unlawfully submitted to the application process on behalf of another person, or asked another to submit an application on their behalf, in an attempt to obtain a drivers license, identification card or permit.
• A person has operated a vehicle when their license or permit was invalid under the driving restrictions that apply to persons under the age of 18. 625 ILCS 5/6-110 and 625 ILCS 6-107.1.
• A person uses, displays or possesses a cancelled, revoked or suspended permit or license. This provision also prohibits a person from lending their license or permit to another person. 625 ILCS 5/6-301
• A person has been convicted of Criminal Trespass to Vehicle. 720 ILCS 5/21-2
• A person has been convicted of Fleeing and Eluding a Peace Officer, under 625 ILCS 5/11-204
• A person has refused to submit to chemical testing under the implied consent provisions in the Summary Suspension Law, pursuant to 625 ILCS 5/11-501.1
• A person has, since the issuance of their drivers license or permit, been adjudged to be afflicted with or suffering from any mental disability
• A person drives with an invalid license or invalid permit, or has been convicted of driving in violation of the classification of their drivers license. 625 ILCS 5/6-101 and 625 ILCS 5/6-104
• A person has been convicted of leaving the scene of an accident in which there is an excess of $1,000 in damages. 625 ILCS 5/11-402
• A person has a violation for Unlawful Use of a Weapon while using a motor vehicle
• A person has received a second conviction for Illegal Transportation of Alcohol within a year of a similar violation. 625 ILCS 5/11-502
• A person has been convicted by court-martial or punished by military authorities for any offense that is similar to any of the offenses listed in the Mandatory and Discretionary Revocation laws outlined in 625 ILCS 5/6-205 and 625 ILCS 5/6-206
• A person has violated any provision of Section 6-16 of the Liquor Control Act of 1934, including, but not limited to, sale/delivery of alcohol to a minor, possession of alcohol by a minor and/or consumption of alcohol by a minor. 235 ILCS 5/6-16
• A person has been convicted for the first time of illegal possession of a controlled substance while operating or in actual physical control of a motor vehicle
• A person has been convicted of a specified criminal sexual offense while operating or in actual physical control of a motor vehicle, such as criminal sexual assault, criminal sexual abuse or juvenile prostitution-related offenses.
• A person has been convicted of aggravated discharge of a firearm while the person was located in a motor vehicle at the time the firearm was discharged. 720 ICLS 5/24-1
• A person is under the age of 21 and has been convicted of more than two traffic offenses in a 24-month period.
• When approaching a stationary vehicle with its’ lights activated, a person fails to exercise due caution and their conduct results in property damage, injury or death to another person. 625 ILCS 5/11-907(c)
• A person fails to exercise due caution in changing lanes and reducing speed when entering a construction or maintenance zone while workers are present. 625 ILCS 5/11-908(a-1)
• A person submits a falsified or altered Medical Report to the Illinois Secretary of State, or provides false information to obtain a Medical Report

If a person has their Illinois drivers license suspended or revoked, they may be eligible for driving relief. Depending on the reason for the suspension or revocation, an eligible revoked driver may attend a hearing with the Illinois Secretary of State to request a Restricted Driving Permit and/or drivers license reinstatement. In other cases, it may be more advantageous to try to clear up the reason(s) for suspension or revocation in court.

An experienced driver’s license reinstatement lawyer can best determine your options, if any, to clear a suspension or revocation or obtain a driving relief. Prior to attempting to clear your drivers license suspension or revocation, we strongly recommend contacting a drivers license reinstatement attorney to discuss your case.

Our office provides free consultations on drivers license reinstatement. You can reach us directly at 312.461.0400 or email us at jenniferwirth@msn.com

The information contained in this article is not legal advice and does not create any Attorney/Client Relationship. Every case is different. We recommend that a person consult with an experienced attorney before making any legal decisions.

When a DUI conviction has led to the revocation of driving privileges, many revoked drivers are concerned about how to reinstate their drivers license at an Illinois Secretary of State hearing. This article will provide a basic overview of the Secretary of State hearing process and the considerations that accompany a hearing.

When a DUI conviction has led to the revocation of driving privileges, many revoked drivers are concerned about how to reinstate their drivers license at an Illinois Secretary of State hearing. This article will provide a basic overview of the Secretary of State hearing process and the considerations that accompany a hearing.

Under 625 ILCS 5/6-205, a mandatory drivers license revocation occurs when a person is convicted of driving under the influence of alcohol or drugs (or a similar provision of a local ordinance), pursuant to 625 ILCS 5/11-501, or a substantially similar offense occurring out-of-state under 625 ILCS 5/6-206(a)(6). A revocation is effective for an indefinite period of time until the revoked driver is eligible for reinstatement and has satisfied the Secretary of State that they are not a danger to public safety and/or welfare.

Although some exceptions apply, the Secretary of State generally determines eligibility for reinstatement based on the number of prior DUI convictions. When a person has received one DUI conviction, they will generally be eligible for full reinstatement within one year of the revocation being entered by the Secretary of State. A prior supervision on a DUI charge does not count toward reinstatement eligibility, but will still be considered at a Secretary of State hearing when determining if the Petitioner is an acceptable candidate for driving privileges.

If a person has two or three DUI convictions, they will be required to drive on a continuous five-year BAIID permit prior to consideration for their drivers license, regardless of reinstatement eligibility. Some exceptions to the five-year rule exist, such as when the Petitioner resides out-of-state or if they were “in the system” with an active permit that has not lapsed since the law became effective on January 1, 2016. If a five-year petitioner is denied at a future hearing or loses their permit for any reason, they will be subject to a five-year BAIID permit at any future hearing.

If a Petitioner has had four or more DUI convictions prior to January 1, 1999, they may make an application for full reinstatement of their driving privileges upon becoming eligible to do so. If any of the four DUI convictions occurred after January 1, 1999, the Petitioner is only eligible for a lifetime permit if they live in Illinois. One notable exception to the lifetime revocation law applies when a Petitioner can demonstrate that they have resided outside of Illinois for a ten-year period. In cases where a Petitioner is given clearance due to out-of-state residency after four or more DUI convictions, the lifetime revocation will be re-imposed if they establish Illinois residency in the future. If Illinois residency is reestablished, the Petitioner will be subject to a lifetime permit if granted driving relief upon return to Illinois.

In some cases, a Petitioner may apply for a hardship permit if they are not yet eligible for full reinstatement of their drivers license. Hardship permits can be granted to drive for many purposes, including employment, educational, support/recovery groups, medical and/or to drive children to school or daycare. When applying for a hardship permit, the petitioner must demonstrate that there is an extreme difficulty in getting to the desired location and they have no reasonable means of transportation available to do so. “Mere inconvenience” is not enough to establish a hardship. Further, a Petitioner seeking a hardship permit will still need to attend a hearing with the Secretary of State and meet the burden of showing they have resolved their problem with alcohol/drugs and will not endanger public safety and/or welfare if given such a permit.

When a Petitioner seeks to obtain driving privileges after a DUI revocation, they can do so by attending an informal or formal hearing, depending on their case. Generally, an informal hearing is only available to Petitioners who have one DUI conviction, as well as no summary suspension on their record from a prior DUI. An informal hearing consists of a meeting with a Secretary of State hearing officer to answer questions about their DUI, treatment and present lifestyle. Petitioners may bring counsel to an informal hearing.

Generally, a formal hearing is necessary when a person has two or more DUIs in their history and is seeking to obtain any form of driving relief after revocation, including a permit. In order to attend a formal hearing, a Petitioner (or their counsel), must submit a written request to the Illinois Secretary of State for such hearing and state what type of driving relief they are requesting, such as full reinstatement and/or a specific type of permit. A formal hearing is presided over by a Secretary of State Hearing Officer and a Secretary of State Representative is also present to protect the State’s interests. The proceedings are recorded and all parties, including your counsel, are allowed to ask questions during the hearing.

When a Petitioner attends a formal hearing, the Petitioner is required to demonstrate that they have resolved their problem with alcohol/drugs and granting their application to drive would not pose a risk to public safety and/or welfare. At the beginning of a formal hearing, both the Petitioner (whether pro se or by counsel) and the Secretary of State submit evidence in support of their case. The required documentation differs based on the Petitioner’s classification in their evaluation, as well as the overall facts of their case. It is strongly advised that a Petitioner retain a qualified attorney to represent them in these proceedings and review all documentation prior to submission to the Secretary of State. The State retains all records submitted at the hearing and the documents can be used against a Petitioner at any future hearing if they are denied full reinstatement of their drivers license or are revoked in the future for another offense.

During a formal hearing, a Petitioner’s attorney has the right to question their client in an attempt to demonstrate that their client is an acceptable candidate for driving relief. At a minimum, a Petitioner should be prepared to answer questions relating to their overall driving record, the facts of each DUI arrest, their lifetime alcohol/drug use history, their treatment experience, as well as any positive lifestyle changes since their last DUI arrest. It is strongly advised that a Petitioner retain counsel to help obtain the documents necessary to provide accurate answers, as well as review their testimony prior to attending a hearing with the Secretary of State.

At the conclusion of a hearing, the Secretary of State does not render their decision immediately. Petitioners will receive a written decision of the result within ninety days of their formal hearing. If driving relief is granted, the decision will provide accompanying documents to advise the Petitioner on how to obtain their license and/or Restricted Driving Permit.

There are many aspects of the hearings that differ based on the specific facts of a case. The information in this article is not intended to serve as legal advice and does not give rise to an Attorney/Client Relationship. Petitioners should seek the advice of experienced counsel prior to attending a hearing with the Illinois Secretary of State.

This article discusses the Illinois Statutory Summary Suspension Law, as well as options to combat the effect of the suspension, such as rescission hearings, obtaining an MDDP or applying for a Restricted Driving Permit with the Secretary of State.

On January 1, 1986, Illinois adopted the Statutory Summary Suspension law, which provides that a person who drives, or is in physical control of a motor vehicle on public highways, is deemed to have implicitly given consent to chemical testing upon arrest for DUI. 625 ILCS 5/11-501.1.

Pursuant to the law, any person who fails or refuses chemical testing will have their Illinois driving privileges suspended on the 46th day after notice of the summary suspension is given to the person. A person facing the suspension is given ninety days to challenge the suspension upon receiving notice if sufficient grounds exist. 625 ILCS 5/2-118.1

In many cases, a person who is arrested for DUI is served notice of the summary suspension on the date of their DUI arrest. However, the notice of suspension may be delayed in some cases if test results are not immediately available, such as where laboratory testing is administered. If a person is not served notice on their arrest, they may be mailed notice once results are available.

Length of Suspension: First Offender vs. Multiple Offender

The term of a statutory summary suspension varies depending on whether a person is deemed a “First Offender” and whether they refused or submitted to chemical testing.

Under 625 ILCS 5/11-500, a person is generally considered a first offender if they have not had any DUI dispositions, including supervisions and/or convictions, in the last five years.

If a person is deemed a first offender under the summary suspension law, their driving privileges will be suspended for six months if they fail chemical testing. If a first offender refuses testing, they are subject to a twelve-month suspension of their driving privileges. 625 ILCS 5/6-208.1

If a person has had a DUI within the last five years, they are deemed a multiple offender for summary suspension purposes. If a multiple offender submits to chemical testing and fails testing, they are subject to one-year statutory summary suspension. In contrast, a summary suspension of three years will be imposed if a multiple offender refuses testing. During this period, an eligible multiple offender may apply for a Restricted Driving Permit through an Illinois Secretary of State hearing. See 625 ILCS 5/11-500 and 625 ILCS 5/6-208.1.

Differentiating Between a “First Offender” for Summary Suspensions and Criminal DUI Cases in Illinois

It is important to note that a first offender for summary suspension purposes is not necessarily a first offender for their criminal DUI case.

For illustrative purposes, a person may have received supervision fifteen years ago on a DUI and they are currently facing a second DUI charge. For summary suspension purposes, they are a first offender since their first DUI, for which they received supervision, was more than five years ago. However, for criminal DUI purposes, they are a second offender.

It is also important to note that a criminal DUI case only allows for supervision once in life. In the above example, if the person received supervision for a DUI that occurred fifteen years ago, they are not eligible to receive supervision on their current DUI charge. If they plead guilty to a DUI conviction, their driving privileges will be revoked and they must apply for license reinstatement through the Illinois Secretary of State hearing process. 625 ILCS 5/6-205

Unlike a criminal DUI charge, a summary suspension is a civil sanction imposed for failing or refusing testing while driving, or being in actual physical control of a vehicle, on a public highway. Although the criminal DUI charge and the statutory summary suspension case are typically handled together in court, they are two separate cases that are being managed at the same time.

It is often confusing to persons arrested for DUI that they have a civil suspension and a DUI criminal charge pending in tandem. The most simplified explanation is that the goal of a civil summary suspension case is to determine whether or not you receive a drivers license suspension. It is completely separate from your criminal DUI charge and it has no bearing on whether your driving privileges will ultimately be revoked as a result of a conviction on the DUI charge.

In a civil summary suspension case, you are also not facing jail time or any criminal fines. You will have to pay a reinstatement fee to the Secretary of State if your suspension is not rescinded to terminate the suspension in the end, but the sole topic of the civil statutory suspension case is whether or not your drivers license will be suspended for a period of time.

In contrast, a criminal DUI case is penal in nature. Upon a finding of guilty, the court may order fines, imprisonment, DUI treatment and/or community service, as well as other forms of penalties or rehabilitative measures as part of your sentence. If you plead guilty to an Illinois DUI and receive a conviction, your driving privileges will be revoked. A revocation is different from a suspension in that a revocation does not end on a finite date. A revoked driver must attend a Secretary of State hearing to reinstate thier Illinois drivers license.

A person arrested for DUI in Illinois may ultimately have their summary suspension rescinded, but later be found guilty of the DUI criminal charge. The converse is also true. A person may receive a “Not Guilty” or dismissal of the DUI criminal charge, but their drivers license may remain suspended if the statutory summary suspension was not rescinded in the Court after hearing or by agreement.

At the outset of any DUI case, it is important for a person with a pending statutory summary suspension to speak with an experienced DUI defense attorney to determine whether grounds exist to challenge the suspension in court. A summary suspension is time-sensitive as a person must make a written request for a hearing to challenge the imposition of the suspension within ninety days of receiving the notice of statutory summary suspension. The suspension is not stayed while a hearing is pending. A statutory summary suspension automatically takes effect on the 46th day after notice is given, even if a hearing has not taken place yet. 625 ILCS 6/2-118

Challenging a Statutory Summary Suspension

A person facing a statutory summary suspension after an Illinois DUI arrest may challenge their suspension if grounds exist to do so. Upon receiving written notice of the suspension, which is typically, but not always, given to them on the date of their DUI arrest, they may file a written request for a judicial hearing in the circuit court where their DUI case is pending.

The law allows ninety days to challenge a suspension, but a requesting a hearing does not stay or delay the suspension. The suspension will automatically take effect on the 46th day after notice of the suspension is given unless it has been rescinded before the effective date. 625 ILCS 5/2-118.1

Because there is a limited time frame to challenge a suspension of driving privileges after receiving a DUI arrest, it is strongly advised that a person facing a summary suspension consult with an attorney as soon as possible after receiving a DUI. A Petition to Rescind a Summary Suspension can be filed by a pro se defendant, but this is not a good practice.

The written request for a hearing varies between counties as jurisdictions may provide their own forms and have their own practices, such as requesting that a Law Enforcement Sworn Report to be attached to the Petition. It is also imperative that notice is served properly and that all filing requirements are properly observed to ensure the State doesn’t move to strike the Petition.

Further, summary suspension hearings are not only complicated, but limited to certain issues. A person should enlist an experienced DUI defense attorney as counsel so they not only properly request the hearing if grounds exist, but vigorously argue the hearing on your behalf. Pursuant to 625 ILCS 5/2-118.1, a statutory summary suspension hearing is limited to the following issues:

1. Whether the person was placed under arrest for an offense as defined in Section 11-501, or a similar provision of a local ordinance, as evidenced by the issuance of a Uniform Traffic Ticket, or issued a Uniform Traffic Ticket out of state as provided in subsection (a) of Section 11-501.1; and

2. Whether the officer had reasonable grounds to believe that the person was driving or in actual physical control of a motor vehicle upon a highway while under the influence of alcohol, other drug, or combination of both; and

3. Whether the person, after being advised by the officer that the privilege to operate a motor vehicle would be suspended or revoked if the person refused to submit to and complete the test or tests, did refuse to submit to or complete the test or tests to determine the person’s blood alcohol or drug concentration; or

4. Whether the person, after being advised by the officer that the privilege to operate a motor vehicle would be suspended if the person submits to a chemical test, or tests, and the test discloses an alcohol concentration of 0.08 or more, a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug, substance, or compound in the person’s blood, other bodily substance, or urine resulting from the unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound as listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, and the person did submit to and complete the test or tests that determined an alcohol concentration of 0.08 or more

5. If the person’s driving privileges were revoked, whether the person was involved in a motor vehicle accident that caused Type A injury or death to another.

When retaining a DUI attorney, the lawyer and client should determine at the outset of the representation, if possible, whether or not the attorney believes there is a legal basis to challenge the suspension. If the DUI lawyer believes there are grounds to proceed with a rescission hearing, the client should clarify whether the hearing is included in the retainer agreement.

In the event that a defendant is advised by counsel that they are unlikely to prevail at a rescission hearing, or if they ultimately do not prevail at a rescission hearing, they may be eligible for a driving permit during the period of suspension.

Monitored Device Driving Permits (MDDP)

If a person facing a summary suspension is a first offender, they may be eligible for a Monitored Device Driving Permit (MDDP). In general, the definition of “First Offender” includes those who have not had a previous DUI disposition, including a DUI supervision or conviction, within the past five years of the current DUI arrest. If a person had a DUI disposition within the last five years, they are not eligible for an MDDP. See 625 ILCS 5/11-500 and 92 ILCS 1001.444.

The Secretary of State shall notify a first offender by mail that they may be issued an MDDP. Eligible persons who receive the MDDP paperwork from the Illinois Secretary of State should complete the form and return it to the Secretary of State if they elect to apply for an MDDP permit.

If an MDDP applicant would like to request an exemption from the breathalyzer while driving employer-owned vehicles, they should do so at the time of application. An employer exemption is only allowed under specific circumstances and limits may be set for on-the-job driving, including limitations on driving the exempted vehicle for more than 12 hours a day, six days a week. See 92 ILCS 1001.444

If an exemption does not apply, the MDDP permit requires the installation of a breathalyzer from an approved Illinois interlock provider and payment of $30/month to the Secretary of State during the term of the MDDP. This non-refundable payment is due in full at the beginning of the permit for the months that a MDDP will be utilized during the term of the statutory summary suspension. This Secretary of State fee does not include any additional costs associated with installation or monitoring of the BAIID device by the approved provider / installer.

For persons who cannot afford the interlock fees, they may make a written application for indigency status with the Secretary of State. It is advisable to contact the BAIID Division of the Secretary of State at 217.524.0660 to learn more about indigency qualifications and procedures. An MDDP applicant may be considered indigent by the Secretary of State if the applicant’s total monthly income is 150 percent or less of the federal poverty guidelines, which can be demonstrated through submitting a copy of their federal or state tax return for the most recent calendar year.

Once a breathalyzer is installed, the MDDP holder can drive anywhere, anytime of day, so long as their vehicle is equipped with a breathalyzer and they sufficiently pass their tests while driving.

An MDDP holder should be careful to avoid any violations on their MDDP, which include, but are not limited to, tampering with the breathalyzer or having a BAC reading of .05 or more upon testing. If an MDDP holder receives a request from the Illinois Secretary of State to explain an event or reading, they should contact their interlock company to determine if there are any known issues that may have caused a testing issue, as well as their legal counsel, prior to responding. When responding, a MDDP holder should be mindful that the State requires a response to their letter within 21 days of mailing.

During the MDDP term, the Secretary of State has several remedies for violations, including, but not limited to, extending the term of the MDDP and/or canceling the MDDP.

If an MDDP holder’s driving privileges are revoked, suspended, cancelled or otherwise invalidated during the term of their MDDP, the MDDP is invalid and should be surrendered to the Secretary of State. An MDDP can be invalidated if an MDDP holder is ultimately convicted and revoked for the DUI arrest that resulted in the issuance of the MDDP. If an MDDP is invalidated due to a DUI revocation, eligible revoked drivers may seek a Restricted Driving Permit through an Illinois Secretary of State hearing.

Restricted Driving Permit Upon Illinois Secretary of State Hearing

Eligible revoked drivers may apply for a Restricted Driving Permit at an Illinois Secretary of State hearing if they do not meet the requirements of the MDDP program and they have no pending case at the time they are filing for a hearing.

For example, if you are a second offender for summary suspension purposes and you received a three-year summary suspension for refusal of testing, you may be eligible to request a hearing with the Secretary of State to obtain a permit once the subject DUI is no longer pending in court.

A DUI case is no longer pending for purposes of applying for a hearing when guilt or innocence has been adjudicated. A person is not prevented from applying for a Restricted Driving Permit if they are still completing their DUI sentence for court, so long as they are in compliance with any potential probation or parole.

Restricted Driving Permits (RDP) are different from MDDPs in that they only allow you to drive for a specific purpose, within the days, times and mileage radius listed on the permit. If successful at a Secretary of State hearing, the Secretary of State may issue a permit to drive for work, school, medical needs, support group meetings, community service and/or certain family needs, such as transporting a child to daycare or school. The Secretary of State can issue permits for multiples purposes.

Prior to a Secretary of State hearing to request a permit, a petitioner will need to have completed an evaluation within six months of the hearing date and also provide proof of successful completion of alcohol/drug treatment, in accordance with Illinois Secretary of State standards. Depending on the level of treatment and eligibility, petitioners may have to submit additional documents, including, but not limited to, abstinence/character letters, support program letters and/or hardship letters.

The level of preparation for a Secretary of State hearing is extensive. Prior to filing for a hearing, a petitioner should consult with an experienced attorney to discuss how they can assist with obtaining documents and preparing a petitioner to testify at their hearing. For a free consultation on Illinois Secretary of State hearings, please do not hesitate to contact our office at 312.461.0400.

The information contained in this article is not legal advice and does not create an Attorney/Client relationship. Prior to making any legal decisions, it is strongly recommended that you consult with an attorney to discuss the specific facts of your case.