When Illinois driving privileges are revoked, driving relief may still be available through several different types of permits issued by the Illinois Secretary of State. These permits serve different purposes and apply to different categories of drivers depending on eligibility for reinstatement and DUI history.

It is important to understand the differences between hardship permits, probationary permits, BMO permits, and lifetime permits. Each permit carries separate legal requirements and restrictions. Illinois administrative law establishes detailed rules governing who qualifies, what must be proven, how long the permit may last, and the limitations placed upon driving privileges.

A qualified Illinois driver’s license reinstatement lawyer can review eligibility during a consultation to pursue the most advantageous form of driving relief under Illinois law. In the following sections, we review the various types of permits offered by the Illinois Secretary of State, as well as the basic qualifiers and limitations of each permit.

Hardship Permits in Illinois

A hardship permit is a type of Restricted Driving Permit (RDP) issued to individuals who are not eligible for full reinstatement of driving privileges. In order to request a hardship permit, a petitioner must prove that their inability to drive creates an undue hardship and that no reasonable transportation alternatives exist.

Under 92 Ill.Adm.Code 1001.420(a)(1), a petitioner seeking a hardship permit must prove by clear and convincing evidence:

• No reasonable alternative means of transportation is available;
• The petitioner will not endanger public safety and welfare; and
• An undue hardship will result if the permit is denied.

Illinois regulations specifically state that the mere loss of driving privileges is not enough to establish hardship. The hardship must involve an “extreme difficulty” that goes beyond inconvenience. Under 92 Ill.Adm.Code 1001.420(d), the Secretary of State evaluates numerous factors when determining whether hardship exists, including the following:

• Availability of public transportation;
• Carpool opportunities;
• Walking distance;
• Current transportation arrangements;
• Distance between locations; and
• Whether driving is essential to employment or family responsibilities.

The petitioner bears the burden of proving by clear and convincing evidence that the hardship is genuine and substantial.

Six Types of Hardship Permit Classifications

Illinois recognizes six grounds for the issuance of a hardship permit, such as employment or educational hardship. A petitioner may request multiple hardship permits in the same hearing. Each category has different requirements to prove a hardship. We briefly summarize each type of hardship permit below.

Employment Hardship Permits

Under 92 Ill.Adm.Code 1001.420(b)(1), an employment-related hardship permit requires proof that the petitioner is currently employed or has a verifiable commitment for employment. To prove a commitment of employment, a petitioner generally provides a letter from a prospective employer confirming that they would hire the petitioner if a work permit were approved.

Employment verification must generally be completed on forms prescribed by the Secretary of State. Self-employed individuals may establish employment through several methods, including the following:

• Business card;
• Voided business checks; or
• Proof of LLC or corporate status.

Illinois defines employment hardship as an “extreme difficulty” getting to or from work or performing required job duties because of the loss of driving privileges. The regulations also require proof that no reasonable alternative means of transportation are available. The Secretary of State may consider many factors when reviewing an employment hardship, including:

• Availability of public transportation;
• Carpool opportunities;
• Walking distance;
• Whether driving is necessary during employment; and
• The impact on the family unit.

The rules further provide that on-the-job driving limitations will be tailored to what is necessary. Employment permits are generally limited to twelve hours per day and six days per week unless additional hours are required by the employer. A letter from the employer may establish the need to drive 24/7 for job-related emergencies, or to accommodate a work schedule with rotating days and shifts.

Medical or Treatment Hardship Permits

Under 92 Ill.Adm.Code 1001.420(b)(2), a medical or treatment hardship permit may be granted when a petitioner or an immediate family member requires ongoing medical services.

The petitioner must provide verifiable documentation from a licensed physical or mental healthcare provider establishing that such care is necessary. Some examples of a medical hardship include the following:

• Physical therapy;
• Ongoing treatment, such as kidney dialysis; or
• Weekly therapist visits.

Illinois regulations define medical hardship as an “extreme difficulty” obtaining necessary healthcare because of the inability to drive. The hardship must exceed ordinary inconvenience, and reasonable transportation alternatives must be unavailable.

Court-Ordered Activities and Community Service Permits

Under 92 Ill.Adm.Code 1001.420(b)(3), hardship permits may also be issued for court-ordered activities and community service obligations. This type of permit is often used when a petitioner is court-ordered to complete community service hours as part of their sentence for a DUI or Driving on a Revoked license charge.

To prove a hardship, a petitioner often provides a certified copy of the court order to show that a community service obligation exists, as well as other documentation to demonstrate the nature of the obligation. A community service organization may be asked to submit a letter to show the type of service and location, as well as the days and hours required for driving. 

Although many DUI defendants are court-ordered to complete drug/alcohol treatment, the law specifically excludes hardship permits to drive to court-ordered substance use treatment programs.

Educational Hardship Permits

When a petitioner is a student, they may qualify for an educational hardship permit under 92 Ill.Adm.Code 1001.420(b)(4). A petitioner applying for an educational permit must be enrolled, or plan to enroll in an accredited educational institution. They must also provide verification of enrollment from their educational institution to receive their hardship permit.

Educational permits may also allow transportation for immediate family members attending:

• Preschool;
• Elementary school;
• High school; or
• Equivalent educational programs.

If granted, educational permits are strictly limited to necessary travel to pursue an education. The regulations specifically state that an educational permit will not be issued merely to allow for weekend visits to an educational institution, such as visiting college friends.

Support and Recovery Program Permits

Under 92 Ill.Adm.Code 1001.420(b)(5), support program permits are available for individuals participating in ongoing recovery programs, such as Alcoholics Anonymous (A.A.) or SMART Recovery. To apply for a support program permit, a petitioner must provide verifiable documentation showing regular attendance at support or recovery meetings, as well as a hardship that makes it difficult to attend meetings. Support and recovery permits may include attendance at up to five meetings per week.

Day Care Hardship Permits

Day care hardship permits are governed by 92 Ill.Adm.Code 1001.420(b)(6). These permits can allow a petitioner to provide transportation between day care providers for children, elderly family members, and disabled family members.

To apply for a day care hardship permit, a petitioner must identify the individual receiving care, provide verification from the day care provider, and document age or disability (where applicable). The Secretary of State will consider the driving need, as well as whether a hardship exists, such as lack of public transportation or carpooling.

Probationary Permits in Illinois

A probationary permit is different from a hardship permit because it is issued to a person who is already eligible for reinstatement. As such, a petitioner is not required to prove a hardship for the issuance of a probationary permit.

When eligible, a probationary permit provides much more flexibility than a hardship permit. The probationary permit allows a petitioner to drive for any lawful purpose, such as work, visiting friends, grocery shopping, or going to the gym. The permit allows driving for up to twelve hours a day, six days a week, within a 200-mile radius of their residence.

A probationary permit is issued “in lieu of reinstatement” as a probationary device. Under 92 Ill.Adm.Code 1001.420(j), the Secretary of State retains discretion to issue a probationary permit whenever the evidence and circumstances support a gradual return of driving privileges. As the name suggests, the permit serves a probationary function that allows the petitioner to demonstrate safe driving to the Secretary, prior to consideration for full reinstatement.

One significant rule affecting probationary permits appears is the “75% Rule,” embodied in 92 Ill.Adm.Code 1001.430(i). Pursuant to the rule, a person who receives a probationary permit generally will not be considered for full reinstatement until at least 75 percent of the permit period has been successfully completed. As such, a person serving a one-year probationary permit typically requires approximately nine months of compliant driving before reinstatement consideration.

The Secretary of State may waive the 75 percent rule in exigent circumstances, such as relocating outside Illinois where compliance would become impossible.

BMO Permits and the 1,826-Day Requirement

BAIID Multiple Offender (BMO) permits apply to drivers who are required to operate a vehicle with an interlock device for a five-year period due to having 2 or 3 DUI convictions in their history.

Unlike hardship permits, BMO permits do not require proof of hardship. If subject to the five-year permit, the Secretary has the authority to grant a permit to drive for any lawful reason, up to twelve hours a day, six days a week, within a 200-mile radius of the petitioner’s residence.

As the name suggests, a BMO permittee may only operate vehicles equipped with a BAIID device. The permittee must drive with a BAIID in their vehicle for 1,826 consecutive days before applying for full reinstatement of their Illinois driver’s license. If the BAIID device is removed before this period is completed, the entire five-year period will restart, pursuant to 92 Ill.Adm.Code 1001.420(j).

BMO permits are granted for two-year periods and require additional hearings for reissuance. Renewal can be requested through an informal hearing if a BMO permittee has no interlock violations on their most recent permit. However, if BAIID violations exist on the most recent permit, a BMO permittee must attend a formal hearing to request renewal of their permit.

Lifetime Permits for Four or More DUI Convictions

Illinois imposes the most stringent standards on individuals with four or more DUI convictions. Under 92 Ill.Adm.Code 1001.420(q), the Secretary of State may issue a Lifetime Restricted Driving Permit to qualifying individuals who meet the following criteria:

• At least five years have passed since their most recent revocation or period of incarceration, whichever is later;
• The applicant has at least three years of abstinence from alcohol and recreational drug use; and
• There is a provable hardship to merit the issuance of a permit (i.e. work, school, etc.).

Illinois law imposes particularly severe consequences for future DUI offenses involving lifetime permittees. Pursuant to 92 Ill.Adm.Code 1001.420(q), a lifetime petitioner will be barred from applying for driving relief if they receive a DUI conviction on their permit. Any existing permit will be cancelled once the Secretary of State receives notice of a DUI conviction.

Gas Stops, Mechanical Repairs, and Permit Limitations

For all permitees, Illinois regulations recognize that limited incidental driving may be necessary during the term of a restricted driving permit. Under 92 Ill.Adm.Code 1001.420(e), permit holders may stop for fuel, electric charging for vehicles, and emergency vehicle repairs. However, Illinois law does not allow for routine vehicle maintenance, such as oil changes, outside of the parameters of the permit.

Conclusion

Our office has been providing legal representation to revoked drivers at Illinois Secretary of State hearings for nearly 25 years. We offer free consultations and offer flat rates. To schedule a consultation, please call our office at (312) 761-8290 or complete our contact form.

To view our video explainer on how the PDPS can impact an Illinois driver’s license revocation, click here.

After a driver’s license revocation, a person may wonder if their revocation is visible to out-of-state licensing agencies. A revoked driver may believe that it is easier to obtain a driver’s license in a new state, rather than attempt to clear the revocation in their home state. However, due to the PDPS database, a revocation in one state should be visible to all other state driver’s licensing agencies.

What is the PDPS database?

The federal government maintains a computerized database known as the “Problem Driver Pointer System,” (PDPS). The database is maintained through the National Driver Register (NDR), a subdivision of the National Highway Traffic Safety Administration (NHTSA).

The PDPS database identifies persons who have had their driving privileges revoked, suspended, cancelled, or denied. The PDPS “points” a state inquiring about a driver’s status to the reports of revocation made by another state or states.

As of August 2020, all states were participating in the PDPS reporting system.

How is the information used in the PDPS database?

Generally, the PDPS database prevents a revoked driver from obtaining a driver’s license in another state (or renewing a license) if they are revoked in a different state. Some exceptions do apply. However, the data allows a licensing state to deny an application unless the issue with the reporting state has been resolved.

How can I change my status in the PDPS database?

The PDPS has four different status outputs when a search is completed on a licensing applicant:

1. No Match. The applicant does not have any record on the PDPS;

• Licensed. The applicant has a valid driver’s license and no current holds on their ability to obtain a license;

• Eligible. The applicant is eligible to apply for a license. This occurs where the applicant had a prior suspension or revocation, but it has been cleared; or

• Not Eligible. The applicant’s privilege to drive in a state has been revoked, suspended, cancelled, or refused.

If a person has a “not eligible” status in the PDPS database, they should inquire with the state that reported the revocation to the federal database. For example, if Illinois reports a driver’s license revocation to the PDPS database, the proper forum to try to clear it up is Illinois (not through the federal government’s registry.)

We strongly recommend consulting with an experienced driver’s license reinstatement lawyer prior to attempting to clear a suspension or revocation. If a revocation is based in Illinois, our office will be happy to provide a free consultation. We can be reached at 844-WIRTH-LAW or on our website at www.frontlinelegal.com.

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.

In this article, we attempt to answer commonly asked questions relating to out-of-state DUI suspension and driver’s license revocation issues.

The Illinois Secretary of State may revoke a driver’s license when an out-of-state resident receives a DUI conviction in Illinois, or where an Illinois-licensed driver pleads guilty to a DUI in another state. The Secretary may also suspend a driver’s license if an Illinois resident refuses to take a chemical test during a DUI stop in another state. In this post, we attempt to answer commonly asked questions relating to out-of-state DUI revocation issues.

What Is The Difference Between a Driver’s License Suspension and Revocation?

A driver’s license suspension has a definitive date where a driver’s license will be restored, so long as a person completes all requirements for the suspension to terminate on the given date. When a person has a suspended license, they should ensure there are no reinstatement fees for the suspension to lift on the specified termination date.

In contrast, a driver’s license revocation is infinite. Until a person takes action to remove the revocation, such as attending an administrative hearing in Illinois, the revocation will remain in effect. When an Illinois driving abstract provides a date of “projected reinstatement eligibility,” a person will not automatically get their driver’s license back on that date. The date of “reinstatement eligibility” is simply the first date that a driver may request their full driving privileges again, subject to certain exceptions in the law.

What Is an Out-of-State Refusal Suspension?

Under 625 ILCS 5/6-203.1, an Illinois-licensed driver may have their Illinois driver’s license suspended if they refuse a chemical test during an out-of-state DUI arrest. A refusal suspension has a definite end, with the suspension terms listed in Section 625 ILCS 5/6-203.1.

If an out-of-state DUI arrest is ultimately dismissed, the refusal suspension will remain in effect for the suspension term. In some cases, an out-of-state court may cause the suspension to be lifted if they make an express finding that the defendant did not refuse testing. However, when the refusal suspension remains, the Secretary of State may issue a permit during the suspension upon a successful application at an administrative hearing.

If an out-of-state DUI arrest results in an Illinois license revocation, the time served on a refusal suspension is credited toward the minimum period of driver’s license revocation.  

If I Am a Resident of Another State, Can Illinois Suspend or Revoke My Driving Privileges for an Illinois DUI?

Under 625 ILCS 5/6-202, an out-of-state driver can be suspended or revoked for any offense committed on Illinois roads that would have caused an Illinois-licensed driver to be suspended or revoked. Under Illinois law, there are many reasons for driver’s license suspension, cancellation or revocation. For further reading on this topic, please visit our blog article on “Mandatory Suspensions and Revocations in Illinois.”  

Many out-of-state residents hire our office after being prevented from obtaining a license in their home state due to an Illinois DUI revocation. The hold is traditionally lifted through a successful formal or informal hearing for out-of-state clearance, depending on eligibility. 

If I Have an Illinois Driver’s License, Will My License Be Revoked If I Am Convicted of an Out-of-State DUI?

Under 625 ILCS 5/6-203, the Secretary of State may suspend or revoke the license of an Illinois resident if they commit an offense in another state that would have triggered a revocation or suspension had they committed the offense in Illinois. 

Our law practice has helped many Illinois-licensed drivers restore their driving privileges after an out-of-state DUI conviction caused the revocation of their Illinois driver’s license. In cases where the potential for a conviction exists, we often work with the driver while facing the DUI charge to ensure that we prepare them for a hearing in advance of a revocation, whenever possible. 

If I Live Out-of-State, Do I Have to Attend an In-Person Hearing in Illinois or Can I Submit an Out-of-State Packet?

There are pros and cons when choosing between an in-person hearing versus submission of an out-of-state packet. The main benefit to returning to Illinois for an in-person hearing is that the law requires that a decision be made within ninety (90) days after the hearing takes place. Conversely, a completed out-of-state packet must be assigned to a hearing officer within ten (10) days of receipt. Upon assignment to a hearing officer, the Secretary has 180 days to make an out-of-state packet decision, pursuant to 92 Ill.Adm.Code 1001.100 (b)(3). 

If an out-of-state resident has a lifetime revocation and is seeking clearance from Illinois, they are required to appear for an in-state hearing, whether virtually or physically. The only exception to an in-state appearance is when a hearing officer determines that there are material extenuating circumstances that prohibit the petitioner from attending an in-person hearing. The applicable law is clear that “material extenuating circumstances” do not include inconvenience or monetary considerations.

Do I Need A License Reinstatement Lawyer to Represent Me as an Out-Of-State Resident?

A petitioner is not required to have legal counsel present, but we believe it is critical to hire a qualified and experienced Illinois driver’s license reinstatement attorney. Even if an applicant doesn’t hire our firm, we hope they hire an attorney that has extensive experience in driver’s license revocation hearings. 

Illinois Secretary of State hearings involve administrative, traffic, criminal, and civil law. They also require an attorney to have working knowledge of the treatment concepts that are being discussed at a hearing. It is not an area of law that just involves “asking the right questions,” nor is it a forum where a client should rely on being prepared by their treatment provider (unless their treatment provider also has an active law license and experience representing persons at hearings.)  These are adversarial proceedings, and it is best to hire the best Illinois driver’s license reinstatement attorney to represent your interests.

Our office provides free consultations for driver’s license reinstatement hearings. We offer flat rates, payment plans, and competitive pricing. To schedule a consultation, please contact us at jennifer@wirthlaw.org or call us at (312) 761-8290.

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.

In this article, we provide a basic overview of the Secretary of State hearing process for persons facing a driver’s license revocation in Illinois. The information is a generally summary of the law at the time of publishing and may be updated by subsequent articles.

The hearing process for Illinois driver’s license reinstatement is often confusing or intimidating for revoked drivers at first glance. A revoked driver may search for attorneys on the internet and receive conflicting advice. They may have heard positive or negative stories during treatment. The advice may be well-intentioned, but not always reflective of a revoked driver’s specific situation.      

In short, license revocation law can be confusing and not all advice given about driver’s license reinstatement is necessarily accurate for everyone. Revoked drivers have differing eligibility terms, DUI histories and treatment experiences, as well as different goals for the outcome of their case. These variations affect the law applicable to specific individuals. The only way to determine the best course of action is through consultation. There is no one-size-fits-all approach.

In this article, we provide a basic overview of the Secretary of State hearing process for persons facing a driver’s license revocation in Illinois. This is a broad summary of the law, and we are speaking in generalities only. There are many variables that can affect the ultimate outcome of a hearing.

If there is one key takeaway, it should be that the hearing process is not insurmountable, nor does it need to be hostile. The Secretary of State isn’t throwing chairs around the room and interrogating people. They are generally pleasant and decent people, just like the majority of our clients.    

When Does the Secretary Revoke a Driver’s License for DUI?

The Secretary of State revokes a license for a DUI when there is a conviction on the Illinois DUI charge, rather than court supervision. Absent limited exceptions, the Secretary will also consider a “conviction” to have occurred when a person enters an out-of-state guilty plea to any OWI, DWI and/or DUI charge.  Finally, the State will revoke a driver’s license for a conviction on any Reckless Homicide charge. (See 625 ILCS 5/205, 625 ILCS 5/11-501 and 625 ICLS 6/2-206(a)(6).

When Can I Apply for a Permit or Driver’s License Again?

Although some exceptions apply, the Secretary of State generally determines eligibility for driver’s license reinstatement based on the number of DUI convictions on an applicant’s record. A prior disposition of supervision on a DUI charge does not count toward reinstatement eligibility. However, the State may still expect an applicant to discuss all DUIs in their history at a hearing, even if a DUI charge does not affect eligibility and/or is not the reason for the current revocation.

Illinois law provides the following general outline of reinstatement eligibility after a DUI conviction, subject to various exceptions:

First DUI Conviction

• One year revocation prior to reinstatement eligibility 625 ILCS 5/6-208
• A revoked driver may be eligible for hardship permit prior to reinstatement eligibility date. Hardship permits can be approved if a hardship is shown for work, school, or another approved category. The burden is on the applicant to show extreme difficulty obtaining transportation and no alternate method of meeting recognized driving obligations. 625 ILCS 5/6-205(c)(1)
• Once eligible for reinstatement, the Secretary may elect to issue a one-year probationary permit, rather than immediately reinstate the license. The probationary permit allows the permittee to drive for any legal purpose (i.e. visiting family, running errands, going to work), for a period of twelve hours a day, 6 days a week, within a 200-mile radius of their residence.
• If an applicant resides out-of-state, the applicant cannot apply for a permit and must wait for full reinstatement eligibility to request clearance of the Illinois hold on their driving privileges.

Second DUI Conviction

• Five-year revocation prior to reinstatement eligibility. 625 ILCS 5/6-208
• 1,826-day continuous interlock permit required before full reinstatement for all Illinois residents with 2 or 3 DUI convictions. 625 ILCS 5/6025(h) and 5/6-208(b)(1.3)
• An out-of-state resident must wait for reinstatement eligibility to apply for full clearance of the Illinois hold on their driving privileges. A permit cannot be issued to an applicant that does not reside in Illinois.
• Probationary permit is allowed during 1,826-day interlock period, even if applicant would otherwise be in hardship. The probationary permit allows the permittee to drive for any legal purpose (i.e. visiting family, running errands, going to work), for a period of twelve hours a day, 6 days a week, within a 200-mile radius of their residence.
• An out-of-state resident, with a valid State ID from home state, can apply for clearance once they are otherwise eligible for reinstatement after the revocation period has lapsed.
• Credit may be applied against the five-year period for time spent without driving privileges after DUI charge due to statutory summary suspension or driving on monitoring permit. (The Secretary of State issues the credit on the driving abstract.)

Third DUI Conviction

• Ten-year revocation prior to reinstatement eligibility. 625 ILCS 5/6-208
• 1,826-day continuous interlock permit required before full reinstatement for all Illinois residents with 2 or 3 DUI convictions. 625 ILCS 5/6025(h) and 5/6-208(b)(1.3)
• An out-of-state resident must wait for reinstatement eligibility to apply for full clearance of the Illinois hold on their driving privileges. A permit cannot be issued to an applicant that does not reside in Illinois.
• Probationary permit is allowed during 1,826-day interlock period, even if applicant would otherwise be in hardship. The probationary permit allows the permittee to drive for any legal purpose (i.e. visiting family, running errands, going to work), for a period of twelve hours a day, 6 days a week, within a 200-mile radius of their residence.
• An out-of-state resident, with a valid State ID from home state, can apply for clearance once they are otherwise eligible for reinstatement after the revocation period has lapsed.
• Credit may be applied against the ten-year period for time spent without driving privileges after DUI charge due to statutory summary suspension or driving on monitoring permit. (The Secretary of State issues the credit on the driving abstract.)

Four or More DUI Convictions (Former Lifetime Revocation Cases)

•  If all DUI arrests occurred before January 1, 1999, a former lifetime revocation applicant may request full reinstatement as an Illinois resident if otherwise eligible.
• If any DUI arrest occurred after January 1, 1999, an in-state former lifetime revocation applicant is only eligible for a Restricted Driving Permit for hardship purposes (i.e. no reliable transportation to work, school, support meetings, etc.). Former lifetime applicants are not eligible for probationary permits.
• Before requesting a hardship permit, the Illinois resident must wait at least five years from the date of the last revocation, or release from incarceration to apply for a hardship permit (whichever is later) as well as have an uninterrupted period of abstinence for at least three years and complete all recommended treatment. 625 ILCS 5/6-208(c)(1.5)
• If more than one DUI conviction is related to being under the influence of any drug, the revoked driver is barred from making an application for a restricted driving permit, regardless of hardship.
• If the DUI arrest occurred after January 1, 1999, an out-of-state former lifetime applicant must wait ten years after the most recent revocation before asking for full clearance of the hold on their Illinois driving privileges. If an out-of-state applicant becomes a resident of Illinois at any point after clearance, the Secretary will reimpose the former lifetime revocation. 625 ILCS 5/6-208(b)(4.5)
• An out-of-state application with a former lifetime revocation must appear in-person for a hearing unless material extenuating circumstances exist.
• If a former lifetime revocation person receives a subsequent DUI conviction on a permit, they will be barred from applying for a restricted driving permit for life. 

Reckless Homicide

• Reinstatement eligible after two years from the date of revocation or after 24 months from the date of release from incarceration, whichever is later. (625 ILCS 5/6-208)
• If a person is revoked for reckless homicide, or an aggravated DUI that involved a fatality, a copy of the sentencing order is required to file for a hearing. If the person served a term of imprisonment, they must provide documentation of the dates of entry and release from incarceration, as well as any terms of release or parole. (92 Ill.Adm. 1001.70(d)
• When a person is revoked for reckless homicide, a Driving on Revoked License conviction will preclude any application for a permit or license until three years have passed from the date of the first conviction. If convicted a second time, the applicant will be precluded for five years after the second conviction. (625 ILCS 5/6-208)
• If a person is revoked for reckless homicide and they are convicted of driving on a revoked license for a third or subsequent time, they are not eligible for any driving relief. (625 ILCS 5/6-208)

What is the Difference Between an Informal and Formal Hearing?

When applying for driving privileges with the Secretary of State after a DUI revocation, an applicant must decide whether an informal or formal hearing is appropriate. Generally, an informal hearing is only available to revoked drivers 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. An applicant may bring a lawyer 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, an applicant (or their lawyer), 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. The hearing officer is an administrative law judge, while the Secretary of State’s attorney is present to protect the State’s interests. If an applicant fails to bring their own attorney, it is traditionally the role of the Secretary of State’s attorney to ask most of the questions at the hearing. When an applicant has a DUI defense attorney, their attorney is allowed to ask questions first and inquire on all relevant topics. The proceedings are recorded, and records are kept of all evidence submitted at the hearing. The records from a prior hearing will be present at any future hearing. A good DUI defense lawyer should thoroughly review all past statements to avoid unexpected inconsistencies with testimony from a prior hearing, when applicable.

What Happens During a Formal Hearing?

When a revoked driver attends a formal hearing, they are required to show that they have resolved their problem with alcohol and/or drugs, as well as assure the Secretary that they would not pose a risk to public safety if they were granted driving relief.  At the beginning of a formal hearing, an applicant’s defense lawyer and the Secretary of State’s attorney submit evidence in support of their position. The required documentation differs based on the specific classification and reason for revocation. 

During a formal hearing, an applicant’s attorney has the right to question their client to demonstrate that their client is an acceptable candidate for a permit or driver’s license.  At a minimum, an applicant should anticipate 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 revoked driver retain counsel to help obtain the documents necessary to provide accurate answers, as well as review their testimony prior to attending a hearing. In our opinion, a license reinstatement attorney should be working with their client for several weeks, or even months, prior to the hearing to review evidence together. We do not meet our clients ten minutes before a hearing and try to prepare them for the first time on the date of the hearing. The evidence can be extensive, and we believe it is important to prepare a client’s testimony further in advance to ensure they are confident on the hearing date.

Unlike trials in court, the Secretary of State does not render their decision immediately after the hearing. The applicant will receive a written decision of the result within ninety days of their formal hearing.  If driving relief is granted, the decision will provide instruction on how to obtain a permit or license. The decision should include the necessary documents to complete the process of regaining driving privileges.

Conclusion

Secretary of State hearings are complicated, and applicants should strongly consider retaining an experienced attorney who focuses on driver’s license reinstatement after a DUI revocation. Although this article provides a basic overview of the process, 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 it does not create an attorney-client relationship. We strongly recommend consulting with an attorney to discuss your specific case prior to attending a hearing with the Illinois Secretary of State. If you would like a free consultation with our office, you can reach us by phone at (312) 761-8290 or email jennifer@wirthlaw.org.

Copyright 2024 – Jennifer Wirth.

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.

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.

If you cannot obtain a drivers license in your state of residency due to an Illinois DUI drivers license revocation, this article offers guidance on the various options to clear an Illinois license hold as an out-of-state resident.

Our office receives many calls from people across the nation who are unable to obtain a license in another state because they are being held by DUI revocation in Illinois. There are several options to try to clear the hold in this situation, depending on your circumstances.

The Illinois Secretary of State offers a written out-of-state hearing packet for persons who reside in another state and would like to try to clear their Illinois DUI revocation through mail to apply for a license in their home state.

The packet is only available to out-of-state residents and it takes longer to receive a decision. Unlike in-state formal hearings that are decided within 90 days, an out-of-state packet decision can be delayed for up to 180 days. For this reason, many of our clients elect to return to Illinois for an in-person hearing to minimize the delay in receiving their decision.

If you cannot return to Illinois for an in-person hearing, eligible revoked drivers may submit an out-of-state packet. We strongly recommend hiring an experienced DUI license reinstatement attorney prior to submission of your out-of-state packet. Although the questions in the out-of-state packet may look straightforward, the questions are often more complex than they appear. An Illinois DUI attorney can help guide you on whether you are submitting the proper documentation and if you have completed the packet with all of the required information to comply with Secretary of State standards.

The portions of the out-of-state packet that must be completed can vary depending on whether a petitioner has ever resided in Illinois, the time period since their Illinois revocation took effect and whether they have ever submitted an out-of-state packet in the past that was denied.

Out-of-State Application for Persons Who Never Resided in Illinois

If a person has never resided in Illinois and has never been denied at a prior hearing, certain out-of-state petitioners may apply for reinstatement by showing the following under 92 ILCS 1001.430(d)(2)(k)(1):

1) He/she is not currently a resident of the State of Illinois;

2) At the time of arrest or arrests in Illinois for the violations that led to the revocation of their Illinois driving privileges, the petitioner was not licensed to drive in Illinois, was a resident of a state or jurisdiction other than Illinois, and continues to reside in that state, or any other state or jurisdiction (other than Illinois);

3) The Petitioner is not currently seeking to reside in or be licensed to drive in the State of Illinois;

4) The State of residence and/or licensure of the petitioner at the time of the Illinois arrests did not take action, or took action against the driving privileges of the Petitioner based upon the Illinois arrest and the action has terminated;

5) But for the revocation in Illinois, the petitioner is not prohibited from obtaining driving privileges in any state or jurisdiction other than Illinois. The Secretary of State reserves the discretion to check the petitioner’s driving privileges in other states, as reported by the PDPS (“Problem Driver Point System”); and

6) The Petitioner has paid all necessary fees due to the State of Illinois

If a person who never resided in Illinois meets the criteria for a condensed application, they typically are only required to complete the document and filing fee requirements on the first two instructional pages of the packet, along with the Affidavit set forth in the first Section of the packet in pages three through five. The Secretary of State will request more information from the petitioner upon receipt, if necessary.

As stated earlier, this condensed application for persons who never resided in Illinois is only available if they meet the six requirements outlined above and have never been denied at a prior hearing, including denials from previous out-of-state packets. Prior to submitting any out-of-state packet as a person who never resided in Illinois, an applicant should consult with an Illinois license reinstatement attorney to determine if they meet the criteria and seek legal counsel for help in submission of the packet.

Out-of-State Petitioners – Applying After Fifteen Years Have Elapsed Since Revocation

If an out-of-state resident is revoked in Illinois and it has been at least fifteen years since the most recent drivers license revocation was entered on their Illinois record, they may submit a condensed out-of-state application under certain circumstances. A person is not eligible to submit a condensed application if they have been denied at a prior Secretary of State hearing, including a denial after submission of an out-of-state packet. 92 ILCS 1001.430(m)

If a petitioner meets the criteria outlined in 92 ILCS 1001.430(m) to submit a condensed packet after fifteen years have elapsed since their revocation, they would generally complete the document and filing fee requirements on the first two instructional pages of the packet, along with the Affidavit set forth in the first Section of the packet in pages three through five. However, the Secretary of State may require additional information, including, but not limited to, a Drug/Alcohol Investigative Report or Evaluation, if there is evidence that the petitioner has a current drug or alcohol problem.

Prior to submission of an out-of-state packet after fifteen years has elapsed from a drivers license revocation for DUI, an applicant is strongly encouraged to consult with a DUI license reinstatement attorney. The Secretary of State retains all copies of documents submitted to their office and your packet, as well as any documents included in your packet at the time of submission, may be used against you at future hearings if you are unsuccessful at your attempt to clear your license through an out-of-state packet. It is always best to have legal counsel review any documents that you intend to submit to the Illinois Secretary of State for compliance and accuracy.

Out-of-State Petitioners – Prior Denials or DUI Revocation Less Than Fifteen Years Ago

If a person is revoked for DUI in Illinois and their last DUI revocation occurred less than fifteen years ago, or they have been denied at a prior hearing, they will be required to submit a fully completed out-of-state hearing packet or attend an in-person driver’s license reinstatement hearing with the Illinois Secretary of State.

When applying for full reinstatement as an out-of-state resident, the Illinois Secretary of State will require proof of out-of-state residency, typically in the form of a valid identification card from another state. They will also require that the applicant submit to an Investigative Report or Drug/Alcohol Evaluation and complete any recommended treatment. The State may also require abstinence letters, as well as documentation of any support program, depending on their classification in the Evaluation.

Prior to attending a hearing to clear an Illinois DUI hold on your license, a petitioner should consult with an experienced license reinstatement attorney to figure out their best options and to determine if they have the documentation to move forward. A drivers license attorney that focuses on DUI-related matters will be able to help prepare the packet to ensure it is complete and accurate, as well as submit it to the State on your behalf. While considering your packet, the State may write letters requesting additional information to adjudicate your packet. An attorney can assist with these inquiries to ensure that you have the best possible change of success in reinstating your driving privileges after a DUI revocation in Illinois.

If you would like a free consultation on Illinois driver’s license reinstatement after a DUI revocation, please do not hesitate to contact our office at (312) 761-8290 or fill out our contact form.

The five-year permit only applies to persons with two or more DUI convictions who reside in the State of Illinois. There are exceptions to having to maintain a five-year permit.

On January 1, 2016, the five-year BAIID law took effect which requires all Petitioners who have been convicted of a second or subsequent DUI to drive continuously on a BAIID permit for a period of five years prior to requesting reinstatement of their driving privileges.

It is important to note at the outset of this article that Petitioners are not subject to the five-year permit if they received court supervision on their first DUI and their sole conviction resulted from a second DUI arrest. Petitioners falling within this category are still subject to a one-year probationary period if a permit is granted in lieu of reinstatement.

For Petitioners who are revoked after having received two DUI convictions, the five-year BAIID permit requires installation of a BAIID device on all vehicles owned by them and mandates that they continuously drive with the BAIID in their vehicle for at least five years prior to requesting reinstatement. 625 ILCS 5/205(h)

In short, even if a Petitioner is technically eligible for full reinstatement, they must drive for a five-year period with the BAIID installed prior to requesting their full driving privileges again.

This law has few, but some notable exceptions.

First, if a Petitioner is an out-of-state resident and is otherwise eligible for full reinstatement, they are not subject to the five-year BAIID permit if they show valid proof of out-of-state residency and are approved at their hearing for reinstatement/full clearance of their driving privileges.

Second, as noted earlier, the Petitioner must have two DUI convictions. If a Petitioner received supervision on any DUI, the DUI(s) in which supervision was granted do not count for purposes of determining eligibility for the five-year BAIID permit.

Further, if a Petitioner was already “in the system” at that time this law took effect on January 1, 2016, they are not subject to the five-year BAIID permit unless if they are denied at a subsequent hearing and have had two convictions. This typically applies in cases where a Petitioner was already driving on a hardship permit at the time the law took effect and cannot request reinstatement until the hardship period has expired.

Finally, although five-year BAIID permit Petitioners must maintain the interlock device in any vehicle owned by them (including joint ownership), they are eligible to request an exemption to drive employer-owned vehicles without the BAIID device installed if one-year has elapsed since the date of revocation or if they have driven on a Restricted Driving permit with a BAIID device for at least one year. 625 ILCS 5/6-205(d)(5)

As all cases are different, this should not be construed as legal advice. Any Petitioner seeking guidance on whether the five-year BAIID permit applies to their case is welcome to contact our office for a free consultation by calling 312.461.0400.