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

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

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

DUI Convictions and Mandatory Revocation

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

Notice of Suspension and Revocation

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

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

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

Formal vs. Informal Hearings

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

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

Eligibility for Driving Relief

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

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

Gathering and Reviewing Evidence

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

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

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

Alcohol and Drug Evaluation Requirements

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

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

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

Required Treatment and Education

Each risk category comes with specific educational and treatment requirements:

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

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

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

Importance of Testimony Preparation

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

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

During these sessions, counsel:

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

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

Filing for a Formal Hearing

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

Hearing Day

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

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

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

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

Restricted Driving Permits and BAIID Installation

If relief is granted, it may include:

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

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

Permit Compliance and Monitoring

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

BMO Permit Renewals and Reinstatement Hearings

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

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

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

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

Out-of-State Residents

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

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

The Benefit of Legal Representation

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

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

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

Contact Wirth Law

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

Victim Impact Panels (VIPs) occupy a unique place in the Illinois DUI sentencing landscape. While they do not serve as formal treatment programs, they complement educational and rehabilitative components by allowing those affected by impaired driving to share firsthand accounts of the consequences.

This article explains the nature and purpose of Victim Impact Panels in Illinois, outlines the topics typically addressed, contrasts VIPs with DUI treatment classes, details the process for completing a panel, and provides county‑by‑county information on approved providers. Finally, it highlights how Wirth Law focuses on guiding revoked drivers through Secretary of State reinstatement hearings after a DUI revocation.

Definition and Purpose of a Victim Impact Panel

A Victim Impact Panel is an awareness program ordered by the court for individuals convicted of Driving Under the Influence (DUI). Under court order, an offender attends a single panel session in which individual affected by DUI, such as trauma survivors, share personal narratives about how impaired driving altered their lives. These panel presentations are intended to be non‑confrontational.

By hearing directly from those who have suffered loss or trauma, attendees are offered insight and a different perspective on DUI. A nominal attendance fee is charged by most providers, reflecting administrative and staffing costs. The goal is to foster empathy, reinforce personal accountability, and deter future offenses through real‑world stories rather than punitive measures.

Potential Topics at a Victim Impact Panel

Victim Impact Panel presentations cover a range of themes, each intended to underscore the potential effects that DUI can have on others. Examples of topics include the following:

• Personal Narratives of Loss
  Speakers describe the emotional aftermath of an impaired driving crash, including grief, long‑term disability, or the loss of a loved one.

• Ongoing Medical and Financial Consequences
  Commentary may detail medical treatments and financial burdens borne by survivors.

• Psychological and Family Impacts
  Panelists explain how a single incident can trigger depression, anxiety, or post‑traumatic stress, affecting the speaker’s family network and social relationships.

• Messages of Forgiveness and Hope
  Some panelists offer reflections on forgiveness and rebuilding, encouraging offenders to seek help and make constructive life changes.

By combining firsthand accounts with reflective commentary, a VIP session can offer an educational experience or different perspective for attendees.

Distinction Between a Victim Impact Panel and DUI Treatment

Although both Victim Impact Panels and DUI treatment classes may be court‑ordered, they serve distinct functions:

• Nature of the Program
  A Victim Impact Panel is a one‑time presentation focused on survivor narratives. It is not designed to diagnose substance use disorders or develop personal intervention strategies, such as DUI risk education or alcohol/drug treatment.

• Educational and Therapeutic Goals
  Victim Impact Panels aim to heighten awareness of the consequences of impaired driving through emotional engagement. DUI treatment classes provide structured education, prevention strategies, and rehabilitation services tailored to the individual needs of the DUI defendant or client.

• Duration and Structure
  A victim impact panel generally lasts about ninety minutes. Treatment programs can span several weeks or months, depending on individual needs of a client. A panel is focused on the impact on others, while treatment serves to provide rehabilitation services to the DUI defendant or client.

• Proof of Attendance
  Completion of a Victim Impact Panel results in a certificate to confirm attendance at a session. Depending on risk classification, DUI programs can be verified by treatment plans, discharge summaries, continuing care documents, or a court status report to verify completion of the recommended intervention.

In many DUI sentences, attendance at both a Victim Impact Panel and a treatment program is required. The panel supplements the rehabilitative process by emphasizing the potential real‑life impact that can result from impaired driving.

Steps to Complete a Victim Impact Panel for an Illinois DUI Sentence

Completion of a Victim Impact Panel involves a straightforward sequence of actions. While details vary by jurisdiction, the core steps are:

1. Verify Approved Provider
   Court orders will generally specify whether a Victim Impact Panel is required. There are different panel providers in various courthouses, including Alliance Against Intoxicated Motorists (AAIM), Mothers Against Drunk Driving (MADD), or another specific organization. Prospective attendees should confirm acceptance of a chosen provider by contacting the court, social services department, or probation office.

2. Register and Submit Fees
   Registration may be available online or in person. A nominal attendance fee is due at the time of registration or upon arrival, commonly between $20 to $65. Payment methods depend on provider policies.

3. Attend the Panel Session
   Panels can be offered in-person or online, depending on the county. Sessions last approximately ninety minutes and generally feature multiple panelists who share personal impact stories. Punctuality and full attendance are required.

4. Obtain Certificate of Completion
   At the end of the session, each attendee receives an official certificate. This document confirms that the court‑mandated awareness program has been completed.

5. Submit Certificate to Court or Supervising Agency
   The completion certificate should be submitted to the court, delivered to probation, or provided to social services- whichever is applicable. The certificate demonstrates compliance with the Victim Impact Panel sentencing requirement in a DUI case.

Victim Impact Panel Providers by County

The following overview lists primary Victim Impact Panel providers and local requirements for key Illinois counties. Jurisdictions may change panel schedules or fees, so it is essential to verify acceptance of any provider before registration.

• Cook County
  Panels are coordinated by the Social Service Department and conducted by AAIM. Sessions occur monthly at the Criminal Court Administration Building and at five suburban district courthouses in English and Spanish. Fees apply and may be assessed through the Social Service Department or Adult Probation Department. For scheduling, social services or probation offices should be contacted directly.

• DuPage County
  DuPage County posts the AAIM VIP schedule on its court monitoring website. Online registration is available.

• DeKalb County
  Both AAIM and MADD panels are authorized. The DeKalb County Court Services department maintains information on approved sessions. Attendance at either provider’s panel should satisfy the requirement.

• Grundy County
  The Grundy Victim Impact Panel is hosted four times a year at the Grundy County Courthouse under the State’s Attorney’s Office. A cash‑only fee of $20 is required. To learn more, contact the State’s Attorney at (815) 941-3276.

• Kane County
  Kane County Court Services authorizes completion through AAIM or MADD.

• Kankakee County
  The Kankakee County Probation Department mandates attendance at a MADD panel. Registration information is located on the MADD website.

• Kendall County
  Neither AAIM nor MADD is preferred exclusively. Both providers appear on the Kendall County court resources page.

• Lake County
  In‑person panels are hosted at the College of Lake County. Registration can be completed via submission of a judicial services form or by calling the program coordinator at (847) 543-2185.

• McHenry County
  The McHenry County Probation Department lists AAIM and MADD panels as approved options.

• Will County
  The Circuit Clerk’s post‑judgment information page lists both AAIM and MADD panels.

• Winnebago County
  AIIM indicates that Winnebago County accepts their Victim Impact Panel. Contact information can be located on AIIM’s provider page.

Prior to attending any session, it is advisable to verify that the specific VIP provider and format will be accepted by the sentencing court, the social services department, or probation officer.

About Our Office

Wirth Law focuses on representing revoked drivers at driver’s license reinstatement hearings with the Illinois Secretary of State after a DUI revocation. For a free consultation on our services for Secretary of State hearings, please contact Wirth Law at (312) 761‑8290 or complete our online 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.

Many of our clients are confused about why they were issued a DUI ticket without having driven a vehicle. We attempt to explain the legal basis for the ticket, as well as the legislative rationale in this article.

Click here to view our explainer video on why Illinois includes “actual physical control” in their DUI law.

Many of our clients are confused about why they were issued a DUI ticket without having driven a vehicle. We attempt to explain the legal basis for the ticket, as well as the legislative rationale in this article.

Under the Illinois DUI law, it is unlawful to drive or be in “actual physical control” of any vehicle” while under the influence of drugs or alcohol. 625 ILCS 11-501. A person does not need to drive or intend to drive to be in “actual physical control” of a vehicle. Naperville v. Watson, 175 Ill. 2d 399, 402 (1997).

The term, “actual physical control” has been litigated extensively to determine what conduct falls within its’ parameters. Over time, the courts have developed a list of factors to consider when determining whether a person is in “actual physical control” of a vehicle while intoxicated, including whether the defendant (1) possessed the ignition key; (2) had the physical capability to operate the vehicle; (3) was sitting in the driver’s seat; and (4) was alone with the doors locked. People v. Slinkard, 362 Ill. App. 3d 855, 859 (2005).

The courts continue to decide whether a person was in “actual physical control” of a vehicle while intoxicated on a case-by-case basis. Although the above factors serve as guidance, the State does not need to prove all these factors, nor is the court limited to solely considering these factors if additional evidence exists that is relevant to determining “actual physical control.”

Many clients question the rationale for this provision in the law. We do recognize that the “actual physical control” portion of the DUI law disincentives persons from staying in their vehicle, with no intention of driving, when they know they are too intoxicated to safely operate a motor vehicle. We don’t necessarily agree with the real word effect.

The Illinois supreme court in Watson explained the legislative intent behind penalizing intoxicated persons for being in “actual physical control” of a vehicle under the DUI law. The court noted that the legislative intent was to encourage those who plan to drink to arrange lodging or safe transportation home in advance. They expressed concern about persons making decisions about safely getting home after their judgment is impaired, rather than before going out drinking. Watson, 175 Ill. 2d at 405.

The content of this blog post is not legal advice. Our office provides free consultations and is happy to review the specific facts of your case. You can reach us by calling 312.761.8290 or by emailing us at jennifer@wirthlaw.org.

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.

After a DUI arrest, a person may be eligible for a Monitoring Permit (MDDP) or hardship permit from the Illinois Secretary of State during the period of statutory summary suspension.

When a person is arrested for DUI, they often receive notice that their driving privileges will be automatically suspended within 46 days, pursuant to the statutory summary suspension law in Illinois. A person may have grounds to challenge the suspension through a hearing in court within a ninety-day period. However, if a challenge is unsuccessful, a person facing a summary suspension of their driving privileges may be eligible for a Monitoring Device Driving Permit (MDDP).

To be eligible for an MDDP, a person must be a first offender and have an interlock device installed while operating their vehicle. An MDDP allows an eligible first offender to drive during the summary suspension period if those conditions are met for any purpose – 24 hours day, seven days a week. 625 ILCS 5/6-206.1.

There are certain instances where the Secretary will not issue a MDDP despite being a first offender. This includes cases where the person’s license is otherwise invalid, the underlying DUI involved death or great bodily harm, the person has a prior conviction for reckless homicide or aggravated DUI involving a fatality, or the person is under the age of eighteen at the time of their DUI arrest.

A person is considered a “first offender” for MDDP purposes if it has been at least five years since any prior DUI arrest that resulted in supervision or a conviction. 625 ILCS 11-500. A person who is not a first offender does not qualify for an MDDP. If a person is not eligible for an MDDP, a person may still be able to petition the Illinois Secretary of State for a permit at a hearing. If grounds exist, a person may also try to challenge the suspension in court if they are within the ninety-day window to file a challenge.

Upon receiving notice of the summary suspension, the Illinois Secretary of State should send an eligible first offender written notice that they are able to obtain an MDDP upon meeting the requirements for issuance. If a person does not have their current address on file with the Secretary of State, they should contact the Springfield Secretary of State office at 217-782-7065 to ensure the MDDP packet is delivered to the correct residence.

Our office handles hearings with the Illinois Secretary of State to request a hardship permit when a person has a summary suspension that is prolonged and producing a recognized hardship in their life. A person may be able to present a case at a Secretary of State hearing to request a hardship permit for specific purposes, such as work or school, during the suspension period. If you would like a free consultation about our services regarding hardship permits, please contact our office via email at jennifer@wirthlaw.org or call (312) 761-8290.

The information on this website does not create an attorney-client relationship and it does not constitute legal advice. The law may change after this article has been posted. Please consult with a qualified attorney on the specific facts of your case.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Classes of Misdemeanors in Illinois

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

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

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

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

Classes of Felony Offenses in Illinois

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

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

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

Considerations in a DUI Case

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

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

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

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

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

What is a “Lawful Purpose?”

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

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

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

Will Lawful Purpose Permits Require a Breathalyzer?

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

Who Can Apply for a Lawful Use Permit?

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

• Any petitioner that is eligible for full reinstatement;

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

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

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

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

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

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

Can I Split My Lawful Purpose Permit Hours?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Parties to a Formal Hearing with the Secretary of State

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Post-Hearing Considerations

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Undue Hardship

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

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

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

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

Public Safety

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

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

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

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

Additional Considerations for Alcohol/Drug-Related Revocation

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

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

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

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

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

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

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

Five-Year BAIID Permits

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

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

Hardship Permits

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

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

Probationary Permits

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

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

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

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

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

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

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

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

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

Mandatory Revocation of Illinois Drivers License or Permit

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

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

Discretionary Revocation of Illinois Drivers License or Permit

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Length of Suspension: First Offender vs. Multiple Offender

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Challenging a Statutory Summary Suspension

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

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

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

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

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

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

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

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

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

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

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

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

Monitored Device Driving Permits (MDDP)

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

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

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

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

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

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

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

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

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

Restricted Driving Permit Upon Illinois Secretary of State Hearing

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

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

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

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

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

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

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

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.