How to Reinstate an Illinois Driver’s License After a DUI

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.