Illinois Secretary of State
Driver's License Hearings

What Is an Illinois Secretary of State Driver’s License Hearing?

Many Illinois drivers whose licenses have been revoked because of DUI convictions, Reckless Homicide, or certain felony offenses involving the use of a motor vehicle eventually want to restore their Illinois driving privileges.

Many of those drivers mistakenly believe that once the statutory period of revocation expires, their Illinois driver’s license will automatically be restored.

It will not.

Time alone does not restore a revoked driver’s license.

Instead, a revoked driver’s license remains revoked unless and until the Illinois Secretary of State grants driving relief.

For nearly all of those drivers, obtaining driving relief requires appearing at an Illinois Secretary of State driver’s license hearing.

An Illinois Secretary of State driver’s license hearing is a legal proceeding used to determine whether a revoked driver qualifies for driving relief, such as a Restricted Driving Permit (RDP) or full reinstatement of Illinois driving privileges.

Unlike a criminal DUI case, the hearing is not conducted in the circuit court where the criminal charges were prosecuted. Instead, it is conducted by the Illinois Secretary of State and focuses on whether the driver has satisfied the statutory and administrative requirements necessary to receive driving relief.

The purpose of the hearing is not to determine whether the driver was guilty of DUI, Reckless Homicide, or another criminal offense. Those issues have already been resolved through the criminal justice system. Instead, the hearing focuses on whether the driver has demonstrated that he or she now satisfies the requirements for driving relief established by the Illinois Vehicle Code and the Illinois Administrative Code.

Many drivers mistakenly believe that once they have completed their criminal case, paid their fines, or finished probation, they are automatically entitled to have their driving privileges restored.

That is not the case.

For most revoked drivers, the criminal court process and the driver’s license reinstatement process are entirely separate. Even after the criminal case has ended, the Illinois Secretary of State requires many drivers to prove that they satisfy the statutory and administrative requirements for driving relief before an RDP or full reinstatement may be granted.

Do I Need a Formal Hearing or an Informal Hearing?

One of the first questions drivers ask after learning they need a Secretary of State hearing is whether they need a formal hearing or an informal hearing.

The answer depends upon your driving history and the type of driving relief you are requesting.

Illinois law provides two different types of Secretary of State hearings:

• Formal Hearings
• Informal Hearings

Although both are conducted by the Illinois Secretary of State, they serve different purposes and are used in different situations.

Formal Hearings are generally required for drivers seeking driving relief following multiple DUI supervisions and/or convictions, Reckless Homicide convictions, or convictions for other felony offenses involving the use of a motor vehicle. A formal hearing must be requested in writing and is scheduled by the Illinois Secretary of State.

Informal Hearings are generally available for drivers with less serious driving histories or fewer findings of guilt involving DUI-related offenses. Unlike a formal hearing, an informal hearing generally does not require a written request and may be requested by appearing at an Illinois Secretary of State hearing facility that conducts informal hearings.

Although the procedures for formal and informal hearings differ, both hearings require preparation. In both types of hearings:

• The driver may be represented by an attorney.
• The driver is expected to testify under oath.
• The driver must present evidence supporting the requested driving relief.
• The driver must provide the required alcohol and/or drug evaluation.
• The driver must present the documentation required by the Illinois Secretary of State.

Determining which type of hearing applies is one of the first steps in preparing a driver’s license case because the procedures governing each type of hearing differ.

Many drivers believe that an informal hearing requires little or no preparation because it does not require a written request.

That is not the case.

Whether appearing at a formal hearing or an informal hearing, the driver is still responsible for presenting a complete case for driving relief. The Illinois Secretary of State expects the driver to appear with the required evaluation, supporting documentation, and testimony necessary to satisfy the applicable statutory and administrative requirements.

The difference between the two hearings is not whether preparation is required. The difference is the procedure established by Illinois law for requesting and conducting the hearing.

What Happens at an Illinois Secretary of State Hearing?

Many drivers become anxious because they simply do not know what to expect at a Secretary of State hearing.

Although the procedures differ somewhat between formal and informal hearings, both are legal proceedings conducted by the Illinois Secretary of State to determine whether the driver qualifies for the requested driving relief.

During the hearing, the driver is generally expected to:

• Testify under oath.
• Present evidence supporting the requested driving relief.
• Provide the required alcohol and/or drug evaluation.
• Present any additional documentation required by the Illinois Secretary of State.
• Answer questions from the hearing officer regarding the driver’s history, alcohol and/or drug use, treatment, abstinence, driving record, and other issues relevant to the request for driving relief.

In a formal hearing, an attorney representing the Illinois Secretary of State is also present and may question the driver and present evidence.

Whether the hearing is formal or informal, the hearing officer ultimately makes findings and prepares a recommendation or decision in accordance with the applicable procedures established by Illinois law.

Many drivers expect the hearing to focus primarily on why they need to drive.

While the need for driving relief may be important in some cases, the hearing is generally focused on whether the driver has satisfied the statutory and administrative requirements for the relief being requested.

The quality of the driver’s preparation, testimony, alcohol and/or drug evaluation, treatment records, supporting documentation, and overall presentation often has a significant impact on the outcome of the hearing.

How Long Does It Take to Receive a Decision After My Secretary of State Hearing?

One of the most common questions drivers ask after completing a Secretary of State hearing is how long it will take to receive a decision.

The answer depends upon the type of hearing, but drivers should not expect to receive a decision on the day of the hearing.

Instead, the hearing officer reviews the testimony, documents, and other evidence presented during the hearing before issuing a written decision in accordance with the applicable procedures.

Following a formal hearing, the Illinois Secretary of State generally has up to 90 days from the date of the hearing to issue a written decision.

Because the hearing officer carefully reviews the testimony and supporting documentation before reaching a decision, it is normal for drivers to wait for the written order after the hearing has concluded.

Many drivers leave the hearing expecting to know immediately whether driving relief has been granted.

That is not how the process works.

The hearing is only one part of the decision-making process. After the hearing concludes, the hearing officer must review the evidence, apply the applicable law, and prepare the written decision before the driver is notified of the outcome.

Waiting for a decision can be frustrating, but it is a normal part of the Secretary of State hearing process.

Can I Appeal a Secretary of State Hearing Decision?

One of the questions drivers occasionally ask after receiving an unfavorable decision is whether they can appeal the Illinois Secretary of State’s decision.

The short answer is yes, in some circumstances, but an appeal is not always the best option.

Depending upon the circumstances, Illinois law may permit judicial review of certain Secretary of State decisions. However, appeals involve different legal standards and procedures than the hearing itself.

In many situations, the better course of action may be to address the concerns identified in the hearing decision and prepare for a future hearing rather than immediately pursuing an appeal.

The appropriate course of action depends upon the specific facts of the case, the reasons for the denial, and the applicable law.

Not every unfavorable decision should be appealed.

In many cases, the written decision identifies specific issues that can be corrected before another hearing is requested. Addressing those concerns may ultimately be a more practical and effective approach than pursuing judicial review.

Determining the best path forward requires a careful review of both the hearing record and the written decision.

What Is the Burden of Proof at an Illinois Secretary of State Hearing?

Many drivers assume that the Illinois Secretary of State must prove they should not receive driving relief.

That is not the case.

Unlike a criminal DUI case, where the prosecution has the burden of proving guilt beyond a reasonable doubt, the burden at an Illinois Secretary of State hearing is on the driver to prove that he or she satisfies the statutory and administrative requirements for the requested driving relief.

Although the burden remains the same in every hearing, the specific elements the driver must prove may differ depending upon the type of hearing and the relief being requested.

For example, depending upon the circumstances, a driver may be required to prove:

• That he or she has resolved any alcohol or drug problem as required by the Illinois Administrative Code.
• That granting driving relief would not endanger the public safety or welfare.
• That denial of driving relief would result in an undue hardship, where applicable.
• Other elements required by the Illinois Vehicle Code and the Illinois Administrative Code.

If the driver does not prove the required elements applicable to the particular hearing, the Illinois Secretary of State may deny the request for driving relief.

Many drivers believe that every Secretary of State hearing involves proving exactly the same issues.

That is not the case.

The burden of proof always remains on the driver, but the particular legal elements that must be established depend upon the type of hearing and the driving relief being requested.

Understanding which elements must be proven in your particular case is one of the most important parts of preparing for a successful Secretary of State hearing.

What Happens If I Lose My Illinois Secretary of State Hearing?

One of the most common concerns drivers have before a Secretary of State hearing is what happens if the Illinois Secretary of State denies their request for driving relief.

The short answer is that a denial does not always mean you are ineligible for driving relief.

When the Illinois Secretary of State denies a request for driving relief, the written decision generally explains the reasons for the denial. Those findings often identify the specific legal elements the driver failed to prove or other deficiencies that should be corrected before another hearing is requested.

Drivers may be denied for a variety of reasons, including:

• Failing to satisfy one or more of the legal elements required for the requested driving relief.
• Minimizing or failing to acknowledge the nature or extent of prior alcohol and/or drug use.
• Providing testimony that is inconsistent with the alcohol and/or drug evaluation, treatment records, or other submitted documentation.
• Appearing with an alcohol and/or drug evaluation that has expired.
• Failing to present the documentation required by the Illinois Secretary of State.
• Other deficiencies identified during the hearing.

Following a denial after a formal hearing, a driver generally must wait 90 days from the date of the hearing before another formal hearing on the same request for driving relief may be held.

Before requesting another hearing, the driver should carefully review the written decision and develop a plan to address every issue identified by the Illinois Secretary of State. Depending upon the circumstances, that may include obtaining an updated alcohol and/or drug evaluation, completing additional education or treatment, gathering additional documentation, or having the treatment provider prepare a written response addressing the concerns identified in the denial order.

Many drivers assume that if they simply return for another hearing, they will eventually receive driving relief.

That is not how the process works.

A second hearing that presents the same testimony and the same deficiencies often produces the same result.

The written denial order is one of the most valuable documents a driver receives because it frequently identifies the specific issues that should be corrected before another hearing is requested. Carefully addressing those issues before returning to the Illinois Secretary of State often places the driver in a much stronger position.

Can the Illinois Secretary of State Attorney Question Me at the Hearing?

Many drivers are surprised to learn that they will not simply present documents and answer a few questions from the hearing officer.

The short answer is yes.

At a formal Secretary of State hearing, the Illinois Secretary of State is represented by an attorney whose responsibility is to participate in the hearing on behalf of the Secretary of State.

The Secretary of State attorney may question the driver under oath regarding:

• The driver’s alcohol and/or drug history.
• The circumstances surrounding prior DUI arrests and convictions.
• The alcohol and/or drug evaluation.
• Education and treatment.
• Periods of abstinence.
• The driver’s testimony.
• Other issues relevant to the request for driving relief.

The hearing officer may also question the driver regarding these subjects.

Because the driver’s testimony becomes part of the evidence considered by the Illinois Secretary of State, it is important that the testimony be truthful, complete, and consistent with the alcohol and/or drug evaluation, treatment records, and other supporting documentation.

Many hearing denials are not based solely upon missing documents.

Drivers are also denied because their testimony conflicts with the alcohol and/or drug evaluation, minimizes prior alcohol or drug use, omits significant information, or otherwise creates concerns about credibility.

Preparing for the testimony is often just as important as gathering the required documents.