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.

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

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

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

DUI Convictions and Mandatory Revocation

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

Notice of Suspension and Revocation

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

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

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

Formal vs. Informal Hearings

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

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

Eligibility for Driving Relief

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

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

Gathering and Reviewing Evidence

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

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

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

Alcohol and Drug Evaluation Requirements

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

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

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

Required Treatment and Education

Each risk category comes with specific educational and treatment requirements:

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

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

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

Importance of Testimony Preparation

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

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

During these sessions, counsel:

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

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

Filing for a Formal Hearing

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

Hearing Day

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

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

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

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

Restricted Driving Permits and BAIID Installation

If relief is granted, it may include:

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

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

Permit Compliance and Monitoring

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

BMO Permit Renewals and Reinstatement Hearings

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

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

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

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

Out-of-State Residents

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

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

The Benefit of Legal Representation

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

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

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

Contact Wirth Law

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

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

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

Step 1: Contact the Secretary of State to Arrange Pickup

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

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

Step 2: Select a Pickup Location

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

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

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

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

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

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

Step 4: Pick Up the Permit

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

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

Next Steps: Installing the BAIID (if required)

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

About Our Office

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

What Sets Our Office Apart:

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

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

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

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

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

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

Consult with Multiple Attorneys

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

Verify Claims of Experience

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

Clarify Areas of Focus

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

Scrutinize Client Reviews

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

Ask About Flat Rates

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

Discuss Payment Plans

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

Volume-Driven Firms

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

Inquire About “Coverage” Attorneys

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

Understand the Attorney’s Background

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

Research Credentials and Professional Standing

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

Evaluate Case Results

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

Assess Communication

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

Explore Geographic Convenience and Hearing Logistics

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

Personalized Strategy Versus Mass Marketing

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

Discuss Management of Possible Outcomes

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

Review Client Testimonials and Peer Referrals

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

Consider Ongoing Support and Post-Hearing Services

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

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

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.

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

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

Transportation or Possession of Alcohol in a Vehicle

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

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

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

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

Cannabis Possession and Use in a Motor Vehicle

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

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

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

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

License Suspension or Revocation for Transportation Violations

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

Alcohol-Related Suspensions

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

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

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

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

Cannabis and Controlled Substance Suspensions

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

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

Reinstating Driving Privileges After Suspension or Revocation

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

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

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

Contact Wirth Law for a Free Consultation

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

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

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

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

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

What is the PDPS database?

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

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

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

How is the information used in the PDPS database?

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

How can I change my status in the PDPS database?

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

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

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

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

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

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

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

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

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

Legal Foundation: From TVDL to Federal Limits Apply Licenses

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

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

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

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

Will the Secretary of State Share Information with Immigration Authorities?

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

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

The Role of a Driver’s License Reinstatement Attorney

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

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

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

Advocating for Fair and Equal Access

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

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

Free Consultations

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

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

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

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.

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

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

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

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

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

What Is an Out-of-State Refusal Suspension?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

First DUI Conviction

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

Second DUI Conviction

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

Third DUI Conviction

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

Four or More DUI Convictions (Former Lifetime Revocation Cases)

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

Reckless Homicide

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

What is the Difference Between an Informal and Formal Hearing?

When applying for driving privileges with the Secretary of State after a DUI revocation, an applicant must decide whether an informal or formal hearing is appropriate. Generally, an informal hearing is only available to revoked drivers who have one DUI conviction, as well as no summary suspension on their record from a prior DUI.  An informal hearing consists of a meeting with a Secretary of State hearing officer to answer questions about their DUI, treatment, and present lifestyle. An applicant may bring a lawyer to an informal hearing.

Generally, a formal hearing is necessary when a person has two or more DUIs in their history and is seeking to obtain any form of driving relief after revocation, including a permit.  In order to attend a formal hearing, an applicant (or their lawyer), must submit a written request to the Illinois Secretary of State for such hearing and state what type of driving relief they are requesting, such as full reinstatement and/or a specific type of permit. 

A formal hearing is presided over by a Secretary of State Hearing Officer and a Secretary of State Representative. The hearing officer is an administrative law judge, while the Secretary of State’s attorney is present to protect the State’s interests. If an applicant fails to bring their own attorney, it is traditionally the role of the Secretary of State’s attorney to ask most of the questions at the hearing. When an applicant has a DUI defense attorney, their attorney is allowed to ask questions first and inquire on all relevant topics. The proceedings are recorded, and records are kept of all evidence submitted at the hearing. The records from a prior hearing will be present at any future hearing. A good DUI defense lawyer should thoroughly review all past statements to avoid unexpected inconsistencies with testimony from a prior hearing, when applicable.

What Happens During a Formal Hearing?

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

During a formal hearing, an applicant’s attorney has the right to question their client to demonstrate that their client is an acceptable candidate for a permit or driver’s license.  At a minimum, an applicant should anticipate questions relating to their overall driving record, the facts of each DUI arrest, their lifetime alcohol/drug use history, their treatment experience, as well as any positive lifestyle changes since their last DUI arrest. 

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

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

Conclusion

Secretary of State hearings are complicated, and applicants should strongly consider retaining an experienced attorney who focuses on driver’s license reinstatement after a DUI revocation. Although this article provides a basic overview of the process, there are many aspects of the hearings that differ based on the specific facts of a case. 

The information in this article is not intended to serve as legal advice and it does not create an attorney-client relationship. We strongly recommend consulting with an attorney to discuss your specific case prior to attending a hearing with the Illinois Secretary of State. If you would like a free consultation with our office, you can reach us by phone at (312) 761-8290 or email jennifer@wirthlaw.org.

Copyright 2024 – Jennifer Wirth.

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Classes of Misdemeanors in Illinois

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

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

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

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

Classes of Felony Offenses in Illinois

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

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

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

Considerations in a DUI Case

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

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