As technology advances, Illinois law enforcement may soon employ new tools to detect THC during a roadside stop in marijuana-related DUI cases. At present, Illinois is authorized to use validated roadside THC testing under 625 ILCS 5/11-501.2 (a-5), but does not employ such tests in practice. Rather, Illinois law enforcement often performs blood or urine tests for THC after a marijuana-related DUI arrest, generally at a hospital or police station.

The legal landscape for roadside THC testing is beginning to change across the country. Currently, four states have roadside saliva testing programs in use to detect THC: Alabama, Indiana, Wisconsin and Michigan. Like Illinois, many other states have laws authorizing some form of oral specimen use, but do not collect roadside samples in practice.

In the future, Illinois may employ saliva testing during a roadside stop for a suspected marijuana-related DUI. In the following sections, we discuss Illinois law for marijuana-related DUI offenses, the national trends for roadside saliva testing relating to THC, and the potential pitfalls of using THC testing in DUI cases.

What Constitutes a Marijuana DUI in Illinois?

Under the Illinois law, a person may be charged with a marijuana-related DUI if they show signs of impairment from THC, or if chemical testing discloses a THC content that exceeds the Illinois nanogram limit within two hours of driving or being in actual physical control of a vehicle.

The legal limit for THC varies by the type of sample provided by a subject. The law sets the following per se limits for THC in Illinois:

• Blood: Five nanograms or more of delta-9 tetrahydrocannabinol per whole milliliter of blood; or

• Other Bodily Substances: Ten nanograms or more of delta-9 tetrahydrocannabinol per milliliter of other bodily substance, such as urine.

The THC concentration derived from testing gives rise to certain legal presumptions under Illinois law, subject to certain exceptions for medical marijuana users. Under the law, a person’s whole blood or bodily substance test result shall be construed as follows:

• It is presumed that a person is under the influence of cannabis if chemical testing reveals 5 nanograms or more in a whole blood sample, or 10 nanograms in another bodily substance.

• There is no presumption that a person was under the influence of cannabis if a test results in a concentration of less than 5 nanograms in a whole blood sample, or 10 nanograms in another bodily substance. However, the test result may be considered at trial with other competent evidence in determining whether a person was under the influence of cannabis.

• If a person refuses chemical testing, their refusal may be admissible in any criminal or civil proceeding for DUI.

It should be noted that exceptions exist for medical cannabis users in Illinois. Medical cannabis users do not face a presumption of impairment if they are lawfully consuming cannabis and hold a valid registry card in Illinois. In such cases, the State must provide additional evidence of impairment aside from relying solely on the THC concentration disclosed through testing.

Are Roadside Tests for THC Currently Being Used in Illinois?

Unlike portable breath testing (PBT) for alcohol, Illinois is not currently using roadside testing for THC in practice as of April 2026. This is likely to change in the future. As technology develops, Illinois law enforcement may find a roadside THC test that receives general scientific acceptance and they may begin using roadside THC testing at any point during marijuana-related DUI encounters, subject to legal challenges in court.

It should be noted that Illinois law already includes a provision authorizing the use of validated roadside chemical tests during a DUI stop where a driver is suspected of being under the influence of cannabis. The law states, in relevant part:

“Law enforcement officials may use validated roadside chemical tests or standardized field sobriety tests approved by the National Highway Traffic Safety Administration when conducting investigations of a violation of Section 11-501, or a similar local ordinance, by drivers suspected of driving under the influence of cannabis.” 625 ILCS 5/11-501.2 (a-5)

However, unlike roadside tests for breath alcohol content, the law goes further for cannabis impairment. A BAC result for a roadside alcohol test is generally used for probable cause only – the result of a roadside BAC score is not admissible at trial in Illinois.

In contrast, Section 5/11-501.2 (a-5) states that, if properly performed, the results of a validated roadside chemical test for cannabis would be admissible at trial in a marijuana-related DUI proceeding. Given this differential treatment, a roadside chemical test for THC could impact marijuana-related DUI defense in both the probable cause and trial stages of a case.  

Emerging Trends in Roadside Tests for THC.

Nationally, the law on roadside saliva testing in marijuana-related DUI cases is fragmented. Like Illinois, many states authorize roadside chemical testing for THC, but have no active roadside screening programs. As of April 2026, the four states with active roadside THC chemical testing programs are as follows:

• Alabama. Alabama uses a two-part program consisting of roadside screening and laboratory confirmation.
• Indiana. Indiana has an oral fluid program to help build probable cause for arrest.
• Michigan. Michigan has a pilot program for roadside cannabis testing.
• Wisconsin. Wisconsin recently enacted a law establishing oral roadside testing for THC in March of 2026. According to a Wisconsin Public Radio article, the Wisconsin law allows roadside THC testing to establish probable cause, but not to show guilt at trial.

Common Problems with Chemical Testing for THC

The greatest challenge with THC roadside testing is that chemical presence of THC does not always equal impairment, even if an individual has a THC concentration that gives rise to a presumption of impairment in Illinois. There are several reasons why THC testing may not be a reliable indicator that a person is driving under the influence of cannabis, which include the following points below.

THC Does Not Track Impairment like Alcohol

Alcohol concentration has a relatively predictable relationship to diminished driving ability. THC does not. Blood THC levels rise and fall rapidly, and a measured level may not accurately reflect the person’s condition at the actual time of driving. A driver may have a low blood level while still experiencing impairment, or may have a detectable level after the impairing effects have passed.

Frequent cannabis users may test positive long after impairment ends

THC is fat-soluble and can remain in the body well after recent use. Frequent cannabis users can carry measurable levels even when not impaired. This creates a serious fairness problem in per se states where the prosecution leans too heavily on the number itself without connecting it to actual driving behavior.

Saliva tests show presence, not necessarily legal impairment

Oral fluid tests are useful because they can detect recent use quickly. But presence is not the same as proof of legal intoxication. A saliva swab may support probable cause, yet still leave major unanswered questions about dose, timing, tolerance, and actual impairment.

Timing problems can distort results

The longer the delay between the stop and the official sample collection, the less certain the chemical result becomes as a measure of driving time impairment. This is especially true for THC, which changes rapidly after use. Delays can therefore create both prosecution and defense problems.

Conclusion

The use of oral roadside chemical testing for THC is an emerging trend in marijuana-related DUI cases. At present, technology is in its early stages and only a handful of states have roadside THC tests in use during marijuana-related DUI stops. However, as technology improves, we expect roadside testing for THC to become more common throughout the United States, including Illinois. We anticipate many legal challenges regarding the reliability of roadside THC chemical testing as case law emerges with broader use of such tests.

About Our Office

Wirth Law focuses exclusively on Illinois driver’s license reinstatement and DUI defense. With nearly 25 years of DUI defense experience, our firm is committed to helping clients navigate the complexities of the Illinois DUI law, with a focus on license reinstatement after a DUI revocation. We offer flat-rate pricing, flexible scheduling, and virtual meetings with clients.

Our office provides exceptional communication with clients and regularly wins driver’s license hearings with the Illinois Secretary of State. Our firm is top-rated by many ranking agencies, including the following:   

• Recognized as a top-rated firm on Avvo and Justia
• Jennifer Wirth named among the Best DUI Defense Attorneys in Chicago by Expertise.com
• Recipient of multiple client service awards, including Avvo Client Choice and Martindale Hubbell Client Champion

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

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.

For many first-time DUI offenders in Illinois, the Monitoring Device Driving Permit (MDDP) provides a critical opportunity to maintain limited driving privileges during a statutory summary suspension. At Wirth Law, with offices in both Chicago and Naperville, we help Illinois drivers navigate driver’s license suspensions and revocations to get them legally back on the road as soon as possible.

This guide explains what the MDDP law is, its legal and legislative background, who qualifies for an MDDP, and how the program is monitored. It also highlights how participation in the MDDP program can impact long-term reinstatement eligibility for those who eventually face revocation.

What Is the MDDP Law?

The Monitoring Device Driving Permit (MDDP) is a permit issued by the Illinois Secretary of State that allows eligible drivers to operate a vehicle equipped with a Breath Alcohol Ignition Interlock Device (BAIID) during a statutory summary suspension for DUI. The program is governed by 625 ILCS 5/6-206.1 and is available to qualifying first-time DUI offenders. Once approved, the driver must install a BAIID on any vehicle they intend to operate. The device prevents the vehicle from starting if it detects a blood alcohol concentration over a set threshold and also requires random retests while driving.

To qualify, the driver must be a “first offender” as defined under 625 ILCS 5/6-206.1(a) and 625 ILCS 5/11-500. This does not necessarily mean the driver has never been arrested for DUI before. Instead, it means the person has not had a DUI conviction, supervision, or statutory summary suspension within the five years preceding the current DUI arrest. For example, a DUI-related suspension or supervision from six years ago would not disqualify someone under the MDDP law, but a similar event within the past five years would. Eligibility also depends on other factors, such as whether the DUI involved death or serious injury, or whether the driver holds a commercial license.

History: Judicial Driving Permits Before the MDDP

Before the enactment of the MDDP law, first-time DUI offenders in Illinois had to petition the court for a Judicial Driving Permit (JDP). The JDP was a more limited option that provided a driver with a limited permit for employment, medical, or educational reasons.

In response to criticism of the old Judicial Driving Permit (JDP), the Illinois General Assembly created the Monitoring Device Driving Permit (MDDP) program to improve public safety through consistent alcohol monitoring. The change became effective on January 1, 2009, with the passage of Public Act 95-0400.

The MDDP program expanded the limited driving purposes of the JDP, while also shifting oversight from the courts to the Secretary of State. It also required the use of a Breath Alcohol Ignition Interlock Device (BAIID) for all eligible drivers. This reform aimed to reduce repeat DUI offenses while still providing monitored driving privileges.

MDDP Expansion of Driving Privileges

Unlike the former JDP, the MDDP allows qualifying first-time DUI offenders to drive anywhere and at any time—24 hours a day, 7 days a week. However, the MDDP requires that a driver only operate vehicles equipped with a Breath Alcohol Ignition Interlock Device (BAIID) and remain in full compliance with all monitoring requirements. With these conditions met, MDDP participants can legally drive for work, errands, medical appointments, social activities, or any other lawful purpose.

There are important limitations to keep in mind when driving on an MDDP. The driver may not operate any vehicle that is not equipped with a BAIID, even if it belongs to someone else. Violating this rule or attempting to circumvent the BAIID system can result in serious consequences, including cancellation of the MDDP, extension of the suspension, or even new criminal charges under 625 ILCS 5/6-206.1(j). In cases where a participant’s job requires the use of a company vehicle without a BAIID, the driver must apply for a specific employer exemption in order to legally operate that vehicle.

Who Qualifies for an MDDP?

To be eligible for an MDDP in Illinois, an individual must meet the following criteria:

• Be 18 years of age or older.
• Be classified as a first-time DUI offender, as defined by 625 ILCS 5/11-500.
• Be subject to a statutory summary suspension under 625 ILCS 5/11-501.1.
• Have a valid driver’s license at the time of the DUI arrest.
• Not have caused death or great bodily harm in the incident leading to arrest.
• Not have been previously convicted of reckless homicide or aggravated DUI resulting in death.
• Not be otherwise disqualified due to other license sanctions (e.g., current suspension, revocation, or cancellation unrelated to DUI).
• Not hold a Commercial Driver’s License (CDL) at the time of the offense.

Who Does Not Qualify for an MDDP?

A person does not qualify for an MDDP if any of the following factors exist:

• They are under 18 years of age.
• They are not classified as a first offender under Illinois DUI law.
• They were driving a commercial motor vehicle at the time of the DUI arrest.
• They possess a Commercial Driver’s License (CDL), even if driving a personal vehicle.
• The DUI offense resulted in death or great bodily harm.
• They have a previous DUI conviction or supervision within the last 5 years.
• Their driving privileges are otherwise invalid or revoked at the time of the DUI arrest.
• They are ineligible due to other pending criminal charges or administrative sanctions.
• They fail to comply with BAIID program rules or installation requirements.

MDDP Credit Toward Reinstatement Eligibility

While the MDDP is specifically designed for statutory summary suspensions, it can also impact long-term reinstatement eligibility if a driver later faces a driver’s license revocation for the underlying DUI. Under 625 ILCS 5/6-208.1(d), time spent driving on an MDDP with a properly installed and maintained BAIID can be credited toward the minimum period of revocation required for reinstatement eligibility.

For example, if an individual is later convicted of underlying DUI and their license is revoked, any time they legally operated a vehicle under the MDDP may count toward the statutory minimum period they must wait before applying for full reinstatement. This can be a significant advantage, especially for those trying to reduce the waiting period before reinstatement eligibility with the Secretary of State.

Monitoring, Violations, and Consequences

Once an MDDP is issued, the individual must have a BAIID installed on every vehicle they intend to operate. While driving, the BAIID device does the following:

• Requires the driver to blow into the device before the engine will start.
• Requires periodic “rolling retests” while the vehicle is in motion.
• Logs all activity, including start attempts, breath samples, missed retests, tampering, and disconnections.

The Illinois Secretary of State’s BAIID Division monitors all data collected through the BAIID and issues compliance reports. If a violation is detected, the Secretary of State can take administrative action, including extension of the suspension period, cancellation of the MDDP, or imposition of further sanctions.

Consequences for Monitoring Violations

The BAIID program can be violated by various acts. Violations include, but are not limited to the following conduct:

• Attempting to start the vehicle with a BAC of 0.05 or higher.
• Failing a rolling retest.
• Missing a scheduled data upload.
• Tampering with or removing the device.
• Operating a vehicle without a BAIID.

Under 92 Illinois Administrative Code §1001.444 and 625 ILCS 5/6-206.1(j), violations can lead to:

• Immediate cancellation of the MDDP.
• Additional periods of license suspension.
• Denial of future permits.
• Extended wait times for reinstatement eligibility.

Drivers must take the program seriously. A single violation can undo the benefits of MDDP participation and significantly complicate the reinstatement process.

Free Consultations

At Wirth Law, we understand that dealing with a DUI arrest can be overwhelming. If you’re facing the loss of your driving privileges, we are here to help. With offices in Chicago and Naperville, we offer free consultations, competitive pricing, flat rates, and a long-term track record of successful driver’s license reinstatement cases.

To schedule a free consultation, call our office at (312) 761-8290 or complete our contact form.

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.

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.

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.

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.