Driver’s License Reinstatement Attorney
Administrative Hearing with the Secretary of State Following the Revocation of a Driver’s License After a DUI Conviction and Illinois Driver’s License Reinstatement.If you receive a conviction for the criminal offense of Driving Under the Influence (DUI), you face complicated administrative hearings before the Illinois Secretary of State in order to obtain a Restricted Driving Permit or for full reinstatement of your Illinois Driver’s License. Worse yet, the criminal penalties for driving a suspended or revoked driver’s license when the suspension or revocation is based on a DUI conviction or Statutory Summary Suspension are very severe and can result in misdemeanor or even felony charges. It is possible to receive a Restricted Driving Permit or possibly full reinstatement of your driver’s license; however, the Illinois Secretary of State regulations are strict and complicated. Drivers who petition the Illinois Secretary of State for Driver’s License Reinstatement must prove by clear and convincing evidence that they are no longer a risk to the public safety and welfare. If the Illinois Secretary of State has revoked a drivers’ license following a DUI conviction you may still be eligible for a Restricted Driving Permit (also referred to as an RDP) during the period of your revocation. The petitioner can request a Restricted Driving Permit for various reasons including employment, medical care, treatment and/or recovery meetings, community service, or school use among various others. In order to be granted a Restricted Driving Permit an individual must show that they are suffering from an undue hardship by not having a Restricted Driving Permit. The undue hardship must be more than a mere inconvenience to the revoked driver. Once a person is eligible for full driver’s license reinstatement, an additional hearing must take place in order to restore full driving privileges. Often the Illinois Secretary of State will require a Restricted Driving Permit for a period of time prior to granting full reinstatement, even if the petitioner is technically eligible full reinstatement of driving privileges. Whether a formal hearing or an informal hearing is required depends on the petitioner’s driving record.
When a Formal Hearing is Required
A formal hearing is required if the petitioner has two Driving Under the Influence (DUI) arrests and/or a statutory summary suspension in their driving history. In order to have a hearing a petition must be mailed to the Illinois Secretary of State office along with a $50 fee. A hearing date is then assigned. If
you don’t know what type of hearing is required for your driver’s license reinstatement you can call the Illinois Secretary of State Administrative Hearing office to find out. You can also stop into several Secretary of State locations and discuss it with an informal hearing officer. You will need the following documentation for the hearing including: Uniform Evaluation (including alcohol/drug use history), an Updated Evaluation (if it’s been more than 6 months since the original Uniform Evaluation), a Risk Education/Remedial Education Certificate, a Treatment Verification Form, an Individualized Treatment Plan, a Discharge Summary, an Aftercare or Continuing Care Plan (for some
drivers), a Medical Report (if on medication or has existing medical or mental health problems), and
Continuing Care Status Report. Some drivers will need letters of abstinence from friends and family.
At the Hearing
At the hearing, you have the right to have an attorney represent you. A hearing officer from the Illinois Secretary of State will preside over the hearing. The Illinois Secretary of State will also have an attorney present on their behalf. The revoked driver (called a Petitioner) will present his or her documentation and then be required to testify on their own behalf. The petitioner is then subject to cross examination by the Illinois Secretary of State attorney. You can be sure that you are properly prepared for the hearing by having an experienced attorney represent you. The hearing is tape recorded and a permanent record of your answers will be preserved for future appeals to the Courts or for further proceedings with the Illinois Secretary of State.
At the conclusion the hearing the Illinois Secretary of State Hearing Officer will submit his findings and a recommendation for final review. It takes about four to eight weeks for the Illinois Secretary of State to prepare a detailed written order. If the petition is denied then, the petitioner must wait four months from the original hearing date for a new hearing. If the Illinois Secretary of State grants reinstatement or an Restricted Driving Permit, they will send detailed instructions that must be followed in order to receive the specified license or permit. Periodically, a Breath Alcohol Interlock Ignition Device (BAIID) is required. This process of seeking Illinois Driver’s License Reinstatement is tedious and difficult. Often, petitioners are rejected on the first try because they attempt to undertake the process on their own without the aid of an experienced attorney. In many of these cases, the denial of driving relief is based on insufficient documentation or a lack of preparation for the hearing. An experienced attorney representing you can mean the difference between success and failure during this difficult administrative process. Don’t take chances with the future of your Illinois driver’s license. The attorneys at Gruszeczki & Smith Law have successfully conducted numerous hearings at the Illinois Secretary of State and will put their experience to work for you.