Steps to Get Your License Back After an Illinois DUI

Get Your License Back After an Illinois DUIDid you know in Illinois, if your driver’s license is revoked, there is no automatic reinstatement of your driving privileges?

If you are convicted of driving under the influence the Secretary of State is required to revoke your driver’s license. Once your license is revoked, you can only have your license reinstated through the Formal Administrative Hearing office at the Secretary of State.

So, if you need to be able to drive (and you probably do), get your license back after an Illinois DUI with the help of O’Dekirk, Allred and Associates in Joliet. We understand the license reinstatement process and can help you get a restricted driver’s permit and then your driver’s license back.

While the process is not easy, one of our attorneys will be at your side as you answer questions about your past and your DUI arrests as well as your current and past alcohol and drug usage. For a hearing, we’ll help you with submitting the required evaluations, treatment documents and letters from people who can attest to your character and/or behavior.

Today, we break down the process and explain how to get your license back after an Illinois DUI.

Formal and Informal Hearings

There are informal and formal hearings for license reinstatement. If you’ve only had one DUI, you can have an informal or a formal hearing, but if you’ve had two or more DUIs, or an offense involving a fatality, you must have a formal hearing. While each case is unique and laws may change, let’s take a look at some of the basics.

Basics of an Informal Hearing to Get Your License Back After an Illinois DUI
  • Available on a walk-in basis, no appointment needed
  • You will be required to fill out several documents, then wait to be called
  • There is only the Hearing Officer, you and your DUI defense attorney present
  • There is no record of the hearing, therefore you will not be able to appeal
  • The Hearing Officer will submit facts and recommendations to the Department of Administrative Hearings for final review and decision
  • You will receive an official Order within 90 days
  • You may be denied, granted a restricted driving permit or be eligible for reinstatement
  • You must wait 30 days if you are denied and want another hearing
Basics of a Formal Hearing to Get Your License Back After an Illinois DUI
  • It requires a written request to the Secretary of State and filing fee
  • A written notice will be sent to you with the date and time of the hearing
  • Depending on your risk level (see below) a variety of documentation is required
  • An Administrative Judge, employed by the Secretary of State, conducts the hearing. An SOS prosecutor will also be present.
  • A Hearing Officer will administer oaths, possibly ask you questions, rule on motions and evidence, then provide the state with ruling recommendations
  • The hearing is tape-recorded, which also means you may file an appeal if necessary
  • All evidence/documentation will be submitted and testimonies will be heard
  • The Hearing Officer will submit facts and recommendations to the Department of Administrative Hearings for final review and decision
  • You will receive an official Order in 4-8 weeks
  • You may be denied, granted a restricted driving permit or be eligible for reinstatement
  • You must wait 4 months if you are denied and want another hearing

Risk Classification Levels

When it comes to how to get your license back after an Illinois DUI, these classification levels will have bearing on your hearing, including documentation required, and all steps you’ll need to take to be eligible to have your license reinstated in some format.

Level I Minimal Risk

  • Only one DUI arrest – no prior convictions or court-ordered supervisions or statutory summary suspensions or prior reckless driving conviction reduced from DUI
  • Took the breath test and registered a BAC under 0.15
  • Show no other signs of alcohol abuse or dependence

Requirements

  • Completion of a 10-hour Driver Risk Education (DRE) course.

Level II Moderate Risk

  • Only one DUI conviction – no prior convictions or court-ordered supervisions or statutory summary suspensions or prior reckless driving conviction reduced from DUI
  • A BAC of 0.15 to 0.19 or refused to take the breath test on their first DUI
  • Show no other signs of alcohol abuse or dependence

Requirements

  • Completion of the DRE course
  • At least 12 hours of alcohol counseling

Level II Significant Risk

  • At least one prior DUI conviction or court-ordered supervision or statutory summary suspension or one prior reckless driving conviction reduced from DUI
  • Register .20 or higher on the blood or chemical breath test (breathalyzer)

Requirements

  • Completion of the DRE course
  • At least 20 hours of alcohol counseling
  • 1-3 months of aftercare monitoring

Level III High Risk, Dependent

  • 3 DUI arrests in the last 10 years from current DUI
  • Signs of alcohol abuse and/or dependence

Requirements

  • Completion of inpatient alcohol treatment or 75 hours of intensive outpatient counseling, or official agency waiver of treatment
  • Prove that for at least the last 12 months before the hearing, you have not used ANY alcohol and illegal drug
  • Prove establishment of an ongoing support/recovery program like Alcoholics Anonymous (AA) or another documented program

Level III High-Risk, Non-Dependent

  • 3 DUI arrests in the last 10 years from current DUI
  • Less than three signs of alcohol abuse and/or dependence

Requirements

  • Completion of inpatient alcohol treatment or 75 hours of intensive outpatient counseling, or official agency waiver of treatment
  • Prove “non-problematic” alcohol/drug use for at least the last 12 months before hearing
  • Submit a provider report ruling out dependence and alternative cause for behavior

Types of Restricted Driving Permits (RDP)

Instead of making your eligible to fully get your license back after an Illinois DUI, the Secretary of State may issue you a restricted driving permit that allows you to drive certain places, including:

  • To and from work
  • Support/recovery meetings such as AA or classes
  • Scheduled medical appointments for you and family members
  • School (including daycare) for you and family members

A driver’s license revoked for a DUI makes daily living extremely difficult and can hamper both your family and work life. Let our attorneys at O’Dekirk, Allred and Associates in Joliet guide you through the process of how to get your license back after an Illinois DUI.

We understand how important your driving rights are to you and will put you in the best position to succeed at your driver’s license reinstatement hearing. Our goal is to get your life back on track.

 

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