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.