If passed, this proposal would represent one of the most substantial shifts in Illinois DUI law in decades and could dramatically change how DUI cases are investigated, charged, and defended.

What House Bill 4333 Would Change

Under current Illinois law, a driver is presumed to be under the influence when their blood alcohol concentration (BAC) is 0.08 or higher. House Bill 4333 proposes lowering that presumptive level to a BAC of 0.05.

The proposal would not only affect the criminal statutes governing DUI but would also affect the Illinois Summary Suspension and Summary Revocation laws governing those who submit to and fail chemical testing by also lowering the BAC to 0.05 and the consequent loss of driving privileges.

According to the Illinois General Assembly, the proposed amendment would apply broadly across multiple types of vehicles, including:

• Motor vehicles
• Snowmobiles
• Boats and other watercraft

This means that both motor vehicle drivers and recreational operators could be subject to stricter DUI enforcement standards if the law is enacted.

Understanding “Presumptive Alcohol Concentration”

It is important to understand that the DUI law does not rely solely on visible impairment. The “presumptive” BAC level creates a legal threshold where prosecutors may rely heavily on chemical testing results rather than subjective observations of a driver’s behavior.

Lowering the presumptive limit to 0.05 would likely:

• Increase the number of drivers facing DUI charges
• Increase the number of statutory summary suspensions
• Increase litigation due to borderline BAC levels

Why Lawmakers Are Considering a Lower BAC Limit

Supporters of the bill argue that impairment begins well below 0.08. They claim that research indicates that reaction time, decision making, and coordination can be affected even at relatively lower levels of alcohol consumption.

Proponents believe lowering the limit could:

• Reduce alcohol related crashes and fatalities
• Encourage safer driving behaviors
• Align Illinois with stricter international standards, where 0.05 limits are more common

Utah is the only state in the country that has actually adopted a 0.05 BAC limit, but  similar proposals have been discussed in other states.

Potential Benefits of a 0.05 BAC Limit

1. Increased Deterrence

A lower legal limit may discourage drivers from consuming alcohol before driving, potentially reducing risk taking behaviors.

2. Earlier Intervention

Law enforcement could intervene earlier when alcohol impairment may begin, possibly preventing more serious accidents.

3. Public Safety Messaging

Advocates argue that a stricter threshold sends a clearer message that driving after drinking carries significant legal risk.

Concerns and Criticisms of the Proposal

Despite safety arguments, critics raise several important and valid concerns:

1. Impact on Social Drinkers

Many drivers who currently believe they are within legal limits could unknowingly exceed a 0.05 BAC threshold. Depending on body weight, metabolism, and other factors, even one or two drinks may approach this level. A 165 lb man can realistically hit .05 after just 2 normal drinks in about an hour, especially without food. A 200 lb man will reach .05 after 3 drinks in an hour. A 120 lb woman may approach or exceed .05 after roughly just 1.5 drinks.

2. Increased DUI Arrests and Court Volume

Lowering the threshold would likely increase DUI arrests and prosecutions, which could impact court resources and raise concerns about overcriminalization.

3. Scientific and Legal Challenges

BAC does not always correlate perfectly with actual impairment. DUI defense attorneys anticipate more cases involving marginal test results and challenges related to testing accuracy and reliability.

4. Economic Impact

Some industry groups argue that stricter limits could negatively affect restaurants, bars, and hospitality businesses.

Current Status of the Proposed Law

As of now, House Bill 4333 remains under legislative consideration by the Illinois General Assembly. Proposed legislation often undergoes revisions, committee hearings, and public debate before any final vote.

The legal BAC limit in Illinois remains 0.08 unless and until lawmakers formally adopt a change.

Contact The Davis Law Group, P.C. for a free consultation if have been arrested for an Illinois DUI.

Why Out-of-State Drivers Are at Risk

Illinois is a major travel hub, with thousands of visitors on its highways every day. Whether you’re in Chicago for work, passing through on I-94, or visiting family in the area, a traffic stop that turns into a DUI arrest can create complications in both Illinois and your home state.

Illinois participates in the Driver License Compact (DLC), an agreement between most U.S. states to share traffic and DUI conviction information. That means what happens here rarely stays here.

What Happens After a DUI Arrest in Illinois

1. Court Appearance – A DUI in Illinois is a criminal offense. If charged, you will be given a court date. In many cases, you must appear in person, but you may have the option to appear remotely on Zoom.
2. Driver’s License Suspension – Illinois can suspend your driving privileges within the state under the Illinois’ Statutory Summary Suspension law even though you are not licensed in Illinois. Your home state will typically, but not always, honor that suspension once notified.
3. Criminal Penalties – Fines, possible jail time, probation, and mandatory alcohol education may be required by the court. Penalties increase if you have prior DUI arrests or if other aggravating factors are present.

Where Your DUI Case Will Be Heard

• Lake County (Waukegan Courthouse) – Many out-of-state drivers who are arrested in northern Illinois, especially near the Wisconsin border, will have their cases heard here. The Lake County Courthouse is located at 18 N. County Street in Waukegan.
• Cook County (Skokie, Rolling Meadows, Chicago, Maywood, Bridgeview and Markham) – If you were stopped in or around Chicago, your case may be heard at one of these six courthouses.
• DuPage County (Wheaton Courthouse) – Travelers on I-88 or I-355 passing through the western suburbs may find themselves with a DUI case at the DuPage County Courthouse in Wheaton.

Each courthouse and county has its own judges, prosecutors, and procedures, which is why hiring a lawyer familiar with the local courts is so critical.

Will My Home State Find Out?

Most likely, yes. Through the DLC and the National Driver Register, Illinois will report a DUI conviction or suspension to your home state’s motor vehicle agency. That agency can then impose its own penalties, such as suspending or revoking your license back home.

For example, if you live in Wisconsin, Indiana, or Michigan (all border states), an Illinois DUI can directly impact your driving privileges in your home state.

Can My Lawyer Handle the Case Without Me?

Unfortunately not. While you may be able to appear remotely on Zoom, which can save you multiple trips back to Illinois, certain hearings such as a trial or sentencing may still require your presence in-person.

Defending an Out-of-State DUI

Every case is unique, but defenses for out-of-state drivers often involve:

• Challenging the legality of the traffic stop or arrest.
• Reviewing whether breath or blood testing was done correctly.
• Exploring alternatives like court supervision (available for first-time offenders in Illinois) to avoid a conviction.
• Negotiating to minimize the impact on your home-state license.

Steps You Should Take Immediately

1. Do not ignore the ticket or court date. Failure to appear can result in a warrant and further complications.
2. Contact an Illinois DUI lawyer right away. Local counsel understands the courts, judges, and prosecutors in the county where your case is pending.
3. Discuss license implications in your home state. A knowledgeable attorney in your home state can help explain how Illinois law interacts with your state’s DMV.

How We Help Out-of-State Drivers

At The Davis Law Group, P.C., our DUI defense attorneys regularly represent drivers from Wisconsin, Indiana, Michigan, and beyond who are charged with DUI in Illinois. We handle cases in Lake County, Cook County, and DuPage County on a regular basis and know how to navigate the local court systems.

Our goal is to handle as much of the process as possible on your behalf, reduce the impact on your record, and protect your driving privileges both here and at home.

Contact Us Today if you were arrested for DUI while visiting or passing through Illinois, you don’t have to face the process alone. Call us at 847-390-8500 or contact us online for a free consultation. We’ll explain your options and build a defense strategy tailored to your situation.

How Illinois Defines E-Bikes

Under 625 ILCS 5/11-1517, Illinois places e-bikes into three categories:

• Class 1 – Pedal-assist only, up to 20 mph. Motor shuts off when pedaling stops.
  
• Class 2 – Throttle-powered, up to 20 mph. Motor must cut off when brakes are applied.
  
• Class 3 – Pedal-assist only, up to 28 mph. Must have a speedometer. Riders must be 16+ (minors may ride only as passengers).
  

Where can you ride?

• Roads and bike lanes
  
• Bike paths (unless restricted by local rules)
  
• Sidewalks are prohibited
  

Do Traffic Laws Apply to E-Bikes in Illinois?

Yes. When operating an e-bike on public roads, riders must follow the same laws as drivers and cyclists, including:

• Stopping at red lights and stop signs
  
• Yielding to pedestrians
  
• Using proper hand signals for turns
  
• Staying off prohibited sidewalks
  

Violations can result in traffic tickets, fines, or even criminal charges.

Common E-Bike Charges We Defend

Our Illinois traffic defense lawyers regularly handle cases involving:

• DUI on an e-bike – You can be charged with drunk driving while riding an e-bike.
  
• Reckless driving or speeding – Especially with Class 3 bikes capable of higher speeds.
  
• Modified or non-compliant e-bikes – Altered bikes that don’t meet state definitions can lead to citations.
  
• Improper lane usage, failure to signal and other moving violations.
  

Can E-Bike Offenses Affect Your Driver’s License or Driving Privileges?

Yes. Certain charges, like DUI on an e-bike or leaving the scene of an accident, may lead to driver’s license suspension and other penalties. Even if you do not have a license, your violation may be reported to the Illinois Secretary of State, which will result in the creation of a driving record where that violation will be recorded. That means an incident on your e-bike could impact your ability to drive your car or obtain a license in the future.

Why Hire an Illinois E-Bike Lawyer?

E-bike cases may sound minor, but the consequences can be severe. From criminal charges to loss of license or the ability to obtain a license, these cases require an attorney who understands the nuances of Illinois traffic law. At The Davis Law Group, P.C., our attorneys defend clients in Cook County, Lake County, DuPage County and across Illinois, helping protect their driving privileges and criminal record.

Call The Davis Law Group, P.C. Today

If you’ve been ticketed, arrested, or charged with a traffic offense on an e-bike in Illinois, don’t face it alone. The laws are still catching up to the technology and that makes skilled legal representation even more important. Call us now at (847) 390-8500 or submit your contact information. Speak with an experienced Illinois e-bike traffic ticket lawyer today and let us help you protect your record, your license, and your future.

At The Davis Law Group, P.C., we’ve helped hundreds of clients fight DUI charges across Illinois. Below are some of the most effective DUI defenses that we explore based on the specific circumstances of each case:

1. Lack of Reasonable Suspicion for the Traffic Stop

Law enforcement must have a valid reason to pull you over in the first place. If the officer lacked reasonable suspicion, such as not observing a traffic violation or erratic driving, then the stop may have been improper. Evidence gathered after an illegal stop can be suppressed, which may lead to dismissal of the charges.

2. No Probable Cause for Arrest

Even if a stop is valid, an officer must have probable cause to make a DUI arrest. Simply smelling alcohol or noting red eyes isn’t always enough. If the arrest was made without sufficient cause, any evidence obtained after the arrest including results from chemical tests, may be inadmissible in court and lead to a dismissal of the DUI.

3. Improper Field Sobriety Test Procedures

Field sobriety tests (FSTs), like the walk-and-turn or one-leg stand, are commonly used to establish impairment. However, these tests are highly subjective and can be challenged if:

• They weren’t administered according to NHTSA (National Highway Traffic Safety Administration) standards
• The environment (e.g., weather, uneven pavement, lighting) impacted your performance
• The officer failed to give proper instructions

We often can successfully challenge the accuracy and reliability of these results in court.

4. Inaccurate Breath Test Results

Breath testing devices must be properly calibrated and maintained to produce reliable results. A sample of the issues we investigate include:

• Was the machine certified and functioning correctly?
• Was the officer certified and trained to use it?
• Were you observed for the full 20 minutes before the test, as required?

Problems in any of these areas can lead to false positives or inflated readings.

5. Rising Blood Alcohol Content (BAC)

Alcohol takes time to absorb into your bloodstream. If your BAC was below the legal limit while you were driving but rose after you were stopped as a result of continued absorption, you may have a valid “rising BAC” defense.

6. Medical Conditions

Certain medical conditions such as acid reflux can produce substances in the body that interfere with breath tests, sometimes mimicking alcohol and leading to false readings. A medical expert may be brought in when this issue is suspected to challenge the reliability of chemical tests.

7. Witnesses or Video Evidence Contradict the Police Report

Today, many DUI stops are recorded via dash cam or body cam. If your behavior on video doesn’t match the officer’s report, or if civilian witnesses contradict the state’s version of events, this can cast doubt on the reliability of the prosecution’s case.

Why Hiring an Experienced DUI Attorney Matters

DUI cases are complex and time-sensitive. An experienced DUI defense attorney will:

• Analyze every piece of evidence collected
• Identify errors in police reports and test results
• Fight to suppress illegally obtained evidence
• Negotiate for reduced charges or alternative sentencing options when appropriate

At The Davis Law Group, P.C., we approach every DUI case with a tailored strategy. Whether it’s your first offense or a repeat charge, we’re here to protect your record, your license, and your future.

Call Today for a Free DUI Consultation

Don’t face a DUI charge alone. Contact The Davis Law Group, P.C. today at 847-390-8500 or  submit a contact form to requesta free consultation. We’ll evaluate the facts of your case and explain how we can help you fight back.

Stay Calm and Compliant During the Traffic Stop: 1. Pull Over Safely: When you see the police lights, pull over safely to the side of the road. 2. Turn Off the Engine and Radio: This helps in reducing potential distractions and shows compliance. 3. Keep Your Hands Visible: Place your hands on the steering wheel to ensure the officer sees them. 4. Avoid Sudden Movements: Wait until the officer requests your license and insurance before reaching for them. 5. Be Polite and Respectful: Your demeanor can influence the officer’s reaction and the outcome of the stop.

Avoid Self-Incrimination 1. Do Not Admit Guilt: If asked why you were stopped, it’s best to say you’re unsure rather than admitting guilt. 2. Exercise Your Rights: You may politely decline to answer questions beyond basic identification without your attorney present.

Understanding the Consequences Potential Penalties: – License Suspension: Multiple moving violations and DUI can lead to suspension or revocation of your driver’s license. – Jail time: A first DUI offense is a Class A misdemeanor and is punishable by up to 12 months in jail. – Fines and Costs: DUI and traffic tickets can result in significant fines. The maximum fine for a first DUI offense is $2,500.00 plus all mandatory court assessments. – Insurance Rates: Traffic violations often result in higher insurance premiums.

What Cities and Villages have their DUI and Traffic Cases heard in Lake County?

Lake County, Illinois, includes a variety of cities, villages, and municipalities. The cities are Highland Park, Highwood, Lake Forest, North Chicago, Park City, Waukegan, and Zion. The villages include Antioch, Bannockburn, Beach Park, Buffalo Grove (partly in Cook County), Deer Park (partly in Cook County), Deerfield (partly in Cook County), Fox Lake (partly in McHenry County), Grayslake, Green Oaks, Gurnee, Hainesville, Hawthorn Woods, Indian Creek, Island Lake (partly in McHenry County), Kildeer, Lake Barrington, Lake Bluff, Lake Villa, Lake Zurich, Lindenhurst, Long Grove, Mettawa, Mundelein, Old Mill Creek, Port Barrington (partly in McHenry County), Riverwoods, Round Lake, Round Lake Beach, Round Lake Heights, Round Lake Park, Third Lake, Tower Lakes, Vernon Hills, Volo (partly in McHenry County), Wadsworth, Wauconda, and Winthrop Harbor.

Depending on the nature of the charge, your case may be assigned to the main courthouse located at 18 N. County Street in Waukegan or one of the three branch courthouses. All Lake County DUI cases are assigned to the Waukegan Courthouse.

Contact a Lake County DUI or Traffic Defense Attorney Why Choose The Davis Law Group, P.C.? – Professional Guidance: An experienced attorney understands the intricacies of DUI and traffic laws in Lake County. – Defense Strategy: Your attorney will develop a tailored defense strategy to minimize penalties or challenge the charges at trial. – Experienced Defense: Our attorneys focus in the area of DUI, speeding, and various traffic offenses. – Local Knowledge: We regularly defend clients at the main courthouse located Waukegan as well as the branch courthouses located in Mundelein, Park City, and Round Lake Beach. – Comprehensive Support: From initial consultation to courtroom representation, we provide the legal support you deserve. – Schedule a Consultation: Contact The Davis Law Group, P.C. for a free initial consultation to discuss your case.

Proven Track Record: – DUI Defense: We have successfully represented thousands of clients facing DUI charges in Lake County over the last few decades. – Traffic Violations: Our attorneys are well-versed in handling a wide range of traffic offenses in all of the Lake County courthouses.

Personalized Service: – Client-Focused: We prioritize your needs and work diligently to achieve the best possible outcome. – Free Consultation: Call us at (847) 390-8500 to schedule your free consultation and start building your defense today.

Contact Us Today

If you’re arrested for DUI or receive a traffic ticket in Lake County, don’t navigate the legal system alone. Contact The Davis Law Group, P.C. for high-quality legal representation. Our experienced attorneys are ready to fight for your rights and provide the guidance you need. Fill out our contact form or call (847) 390-8500 to schedule your free consultation. Let The Davis Law Group, P.C. put our experience and expertise to work for you.

Financial Cost of a DUI

The financial costs of a DUI can be substantial. Most DUIs are charged as Class A misdemeanors, which carry a fine of up to $2,500.00 plus mandatory court costs and assessments. Court costs and assessments, which are set by law and which the judge has no control over, are approximately $1,400.00. Additionally, there are also expenses associated with the following*:

• The impoundment and tow of your vehicle ($500-$1000)
• An alcohol/drug evaluation ($225-$350)
• Court-ordered treatment ($1,000-$4,000)
• Court monitoring/probation fees ($50-$100/month)
• Random drug or urine testing
• A breath alcohol ignition interlock device in your vehicle ($100 installation & $80/month)
• Secretary of State monitoring fees ($30/month)
• Secretary of State driver’s license reinstatement fees ($250-$500)
• Increased insurance rates ($1,500/year)
• Attorneys fees

* These expenses are estimates only Although the total costs you can expect to pay can greatly vary depending on the facts of your specific case and even the courthouse where your case is assigned, some estimates place the average financial impact for a 1st time DUI offense around $10,000.00 – $15,000.00.

An Illinois Secretary of State study found that total average cost of a DUI conviction in Illinois is $18,130.00.

Of course, if you are found not guilty or the case is dismissed for other reasons many, if not all of these expenses, can be avoided. Even if the DUI cannot be dismissed, an effective DUI attorney may be able to assist you in reducing or avoiding many of these expenses.

Non-financial Costs of a DUI

You must also consider the non-financial costs of a DUI charge. A Class A misdemeanor DUI charge carries a potential sentence of up to 364 days in jail. The consequences of incarceration are obvious, resulting in a major disruption in your life as well as that of your family. A DUI also may result in a suspension and/or revocation of your driver’s license. The loss of driving privileges may impact your ability to commute to work, school, or attend to your own medical needs and/or the needs of a child, parent, or another family member. In addition, a DUI conviction can impact your job or future employment opportunities. It may even prevent you from traveling internationally. There are certain countries, such as Canada, that will not allow you to enter with a DUI on your record. An experienced DUI attorney can advise you as to all of the potential financial and non-financial consequences of a DUI offense and assist you in minimizing the impact of these consequences. The DUI attorneys at The Davis Law Group, P.C. provide free initial consultations to prospective clients. We represent clients charged with DUI throughout Illinois including Cook County, Lake County, and DuPage County. Feel free to contact us today to discuss your case.

• Reckless Homicide
• DUI
• Leaving the scene of an accident involving injury or death
• Three offenses of reckless driving within 12 months
• Three or more convictions for moving violations (two or more if you are under 21) which result in a total number of points that requires revocation rather than suspension
• Drag racing / Street racing
• Aggravated fleeing and eluding the police
• Operating a commercial motor vehicle when your driving privileges are revoked, suspended, canceled or subject to disqualification
• Two convictions for possession or transportation of alcohol in a motor vehicle (if you are under the age of 21)

The Secretary of State will enter a discretionary suspension for a conviction of the following:

• Permitting unlawful or fraudulent use of a driver’s license
• Committing an offense in another state which would be grounds for suspension in Illinois
• Possession, display, or attempted fraudulent use of a license, permit or identification card issued to another
• Driving without a license
• Driving on an invalid license
• Violation of license classification (i.e. driving a motorcycle without a motorcycle license)
• Fleeing or attempting to elude the police
• Leaving the scene of a property damage accident involving more than $1,000.00 in damages
• Illegal operation of a motor vehicle resulting in a death or injury requiring immediate medical treatment
• Two violations of possession or transportation of alcohol in a motor vehicle
• Refusing to submit to chemical testing after a DUI arrest
• Submission to chemical testing which reveals a blood alcohol content of .08 or greater or any amount of drug substance or compound resulting from the unlawful consumption of cannabis or a controlled substance
• Alteration, fictional or fraudulent use of handicapped license plates or parking placard
• Passing a school bus while loading/unloading
• Three moving violations within a 12-month period (if you are 21 years of age or older) which result in a total number of points under the level that requires revocation rather than suspension

A violation of the following will also cause a license suspension if you are under the age of 21:

• Two moving violations within a 24-month period under a point total which would otherwise require a revocation
• Transportation or possession of open alcohol in a motor vehicle
• Possession of alcohol

If I Pay My Reinstatement Fee Will My License Still Be Suspended or Revoked?

Paying a reinstatement fee to the Illinois Secretary of State does not automatically make your driver’s license valid unless that is the only hold on your record. The reinstatement fee may be only one of the requirements necessary to reinstate your driver’s license in Illinois.

To reinstate your driver’s license, you must first address the reason why your license was suspended or revoked. For example, if your license was revoked for a DUI conviction, you will need to have a hearing before the Secretary of State.

Once you have resolved the reason for your suspension or revocation, you can pay the reinstatement fee and obtain your valid license. The amount of the fee depends on the reason for your suspension or revocation but can range from $70.00 to $500.00.

If your license has been suspended or revoked by the Illinois Secretary of State, contact our license reinstatement attorneys today. The attorneys at The Davis Law Group, P.C. have helped thousands of drivers regain their driving privileges after cancellation, suspension or revocation. We look forward to hearing from you to discuss your case. Call us at (847) 390-8500 or submit your information via our contact form to arrange a free consultation.

1. When am I eligible to obtain driving privileges and
2. How can I obtain driving privileges?

This question has become more and more complicated due to changes that have occurred in Illinois law over the last several years.

When Am I Eligible to Obtain Driving Privileges?

Generally, in order to determine an accurate eligibility date, the driver must take two factors into account: the length of the statutory summary suspension (“SSS”) and the length of the DUI revocation. The length of the SSS can be anywhere from 6-months to 3-years depending on whether the person is a first offender or second (or subsequent) offender and whether they refused chemical testing or submitted to (and failed) testing. For purposes of the SSS, a first offender is a person who has not had a prior DUI disposition within 5-years of the current arrest:

Length of SSS

• First Offenders
  • Refused Testing: 12-month suspension
  • Failed Testing: 6-month suspension

• Second or Subsequent Offenders:
  • Refused Testing: 36-month suspension
  • Failed Testing: 12-month suspension

Suspensions begin the 46th day from the date the notice of suspension is served by the police officer on the driver. This typically happens at the time of arrest, but may occur later (i.e. when a blood draw or urine test is performed). In certain situations, the suspension may be extended due to a conviction for driving while suspended or due to a violation of the Breath Alcohol Ignition Interlock Device (“BAIID”) while on a Monitored Device Driving Permit (“MDDP”) during the suspension period.

Length of License Revocation

Before a driver can determine his or her eligibility date, the length of revocation must also be taken into account. In Illinois, a conviction for DUI results in a driver’s license revocation. Court supervision for DUI is not a conviction and, therefore, does not result in a driver’s license revocation. The minimum length of revocation depends on the number of DUI convictions the person has had:

• First Conviction: 1-year
• Second Conviction (arrest dates occurring within 20-years of each other): 5-years
• Third Conviction (regardless of arrest dates): 10-years
• Fourth or Subsequent Conviction (if last arrest occurred on or after 1/1/99): Lifetime

The driver must separately determine the termination date of both the SSS and the revocation. The later of the dates is the driver’s projected eligibility date. Drivers should remember that regardless of the calculated date, the SSS does not terminate until the required reinstatement fee is paid. Further, the revocation does not terminate, regardless of the eligibility date, until the person has received a favorable decision for reinstatement after an administrative hearing before the Office of the Secretary of State. If the driver has 2 or 3 DUI convictions and is an Illinois resident, reinstatement will not be granted until he or she has successfully driven on a restricted driving permit (RDP) with a BAIID for a period of 5-years. Finally, if the driver has 4 or more DUI convictions and is an Illinois resident, he or she is never eligible for full reinstatement. This is known as a lifetime revocation. The driver would be eligible to apply for a RDP 5 years from the date of his or her last revocation, or release from incarceration, whichever is later. After your eligibility is determined these are the steps you can take to get your license back.

How do I get my driver’s license back after a DUI conviction?

1. See an informal hearing officer at your local Secretary of State office or a driver’s license reinstatement attorney for a consultation.
2. Obtain a ‘court purposes driving abstract’ from the Office of the Secretary of State or have your attorney obtain one on your behalf.
3. If you have completed alcohol/drug treatment and/or risk education obtain your documents from the service provider.
4. Go to a licensed alcohol/drug evaluation agency and complete a new original evaluation with that agency or an updated evaluation with your previous evaluator (original and updated evaluations are only valid for a period of 6-months).
5. Once the evaluation has been completed and you have been advised of your classification level, you will need to complete the required treatment and/or risk education or obtain a waiver of treatment requirements. Make the evaluator aware if you have already completed treatment and/or risk education
6. Take all of your documents to your attorney or the informal hearing officer at your local Secretary of State’s office to be reviewed and determine whether there are any outstanding issues.
7. If you are eligible for an informal hearing take all of your documents to the local informal hearing officer and complete the hearing process. If you have an attorney representing you, they will schedule the hearing and appear with you at the hearing. The informal hearing officer will make a recommendation and a final decision from the Secretary of State’s office will be forwarded to you.
8. If you are required to have a formal hearing (as in the case of most multiple DUI offenders) you must forward an application for a hearing date together with payment in the amount of $50.00 to one of the four (4) Secretary of State’s offices where these types of hearings are conducted. If you have an attorney, they will handle this process for you. You will be sent a hearing notice with the date, time and location of the hearing. Bring all of your documents to the hearing.
9. After the formal hearing, you will receive a written decision. If you are denied relief, you can appeal the decision to the Circuit Court within 35 days OR you may request a new hearing date to be held no earlier than 90 days from your last hearing. If you are granted relief, you will be sent instructions as to the requirements to be completed before a permit or license can be issued including, but not limited to, payment of fees, completion and submission of a medical report, completion of a road, written and vision test, breath alcohol ignition interlock device (BAIID) requirement and employment verification. Note: some or all of these requirements may apply depending on your driving record.
10. If granted relief, you must drive on the permit for 75% of the time it is issued for or until you have reached your eligibility date for full reinstatement – whichever is later. The only exception to this requirement is if you are required to have a BAIID device installed for 5-years based on more than one DUI conviction or if you are required to have a BAIID device installed for life based on 4 or more DUI convictions. If you are required to have a BAIID device for 5 years, you will be required to drive on a permit for the full 5-years before being eligible to apply for a regular driver’s license. If you are required to have a BAIID device for life, you will be required to drive on a permit for life.

Contact Our Illinois Driver’s License Attorneys

We recognize that this is a complicated area of the law. The license reinstatement attorneys at The Davis Law Group, P.C. have a substantial concentration in the area of driver’s license law and have successfully represented thousands of drivers before the Illinois Secretary of State. Feel free to give us a call or submit your information via our contact form to request a consultation. Let us put our experience and knowledge to work for you.

ALL OUT-OF-STATE PETITIONS MADE BY WRITTEN APPLICATION INSTEAD OF AN IN-PERSON APPEARANCE WILL BE CONSIDERED INFORMAL HEARINGS – 1001.100(b) Written applications by out-of-state residents will no longer be considered formal hearings conducted pursuant to 625 ILCS 5/2-118. Accordingly, these applications will not be required to be accompanied by the $50.00 application fee. Decisions from these informal hearings will not constitute final administrative decisions and, therefore, will not be subject to the provisions of the Administrative Review Act. 1001.100(b)(3) and 1001.300(a). If an out-of-state petitioner wishes to exercise his/her right to a formal hearing an in-person appearance will be required. The request for hearing will need to be accompanied by the $50.00 fee. An in-person formal hearing appearance for out-of-state residents will now include hearings conducted remotely. To qualify as an in-person hearing the remote technology must have real-time audio-visual capabilities. They do not include telephonic hearings. (The Secretary of State’s office has given its assurance that it has or will install Web-X at its formal hearing facilities). As always, an applicant may choose to appear physically in-person. 1001.100(b). Out-of-state petitioners who have lifetime revocations will be required to have a formal hearing and will therefore be required to appear either in-person or remotely. They will not be allowed to submit a written application package unless the hearing officer finds that there are material extenuating circumstances (inconvenience and monetary considerations do not qualify). 100.100(b)(1) and 1001.430(l)(i). PROOF OF OUT-OF-STATE RESIDENCY – 1001.100(b)(1) Out-of-state applicants who are BAIID Multiple Offenders (BMO) or Lifetime Permittees will need to provide proof of out-of-state residency by submitting a valid state-issued ID card or license in order to be considered for reinstatement. ALCOHOL/DRUG EVALUATIONS, TREATMENT DOCUMENTATION AND RISK EDUCATION VERIFICATION FOR OUT-OF-STATE APPLICANTS – 1001.100(b)(2) and 1001.440(a)(2). Out-of-state petitioners who choose to submit a written application, which, as stated, will now constitute an informal hearing – are not required to meet Subpart D requirements of the administrative rules. See Sections 1001.400-1001.490 / “Standards for the granting of restricted driving permits, reinstatement, and the termination of cancellations.” A new application form designed by the Secretary of State for such applicants will include evaluation, treatment and risk education information (as applicable) all of which will be completed by the out-of-state evaluator. All out-of-state applicants who appear at an in-person hearing as a matter of choice or if required (lifetime revocation applicants) must meet Subpart D requirements including the completion of an evaluation completed by an Illinois DSUPR licensed provider. Treatment requirements and risk education (as applicable) may be completed by a licensed out-of-state provider as already permitted under existing rules. 1001.100(b)(2). DECISION-MAKING TIME LIMITS – 1001.100(b)(3) Written applications by out-of-state applicants must be assigned to a hearing officer within 10 days and a decision entered within 180 days. (Contrast this with the formal hearing requirement that a hearing be scheduled within 90 days of request and decision rendered within 90 days of the hearing) – See statutory requirements at 625 ILCS 5/2-118(a) and (d). LIFETIME REVOCATIONS – 1001.420(l)(1) Lifetime out-of-state petitioners seeking termination of an Illinois revocation are required to have an in-person hearing and complete Subpart D requirements. In-person hearings will include proceedings where the petitioner is physically present or a remote hearing with real-time audio/visual communication. Please recall that such persons are prohibited from applying for termination until at least 10-years from the date of the last order of revocation. See 625 ILCS 5/6-208(b)(4.5). OUT-OF-STATE PETITIONERS WHO NEVER RESIDED IN ILLINOIS – 1001.430(k)(1)(A) Under the current rule out-of-state petitioners who have never resided in Illinois may seek reinstatement if (a) not currently a resident of Illinois; (b) at the time of the violation(s) that led to the revocation was an out-of-state resident and continues to be an out-of-state resident; (c) does not seem to reside or be licensed in Illinois; (d) the state where the petitioner resided at the time of the offense(s) did not take action or the action has terminated; (e) the petitioner has no stops in any other state; and (f) all fees have been paid to Illinois. The rule has been amended to require that the petitioner produce a driver’s license or identification card (government-issued) from his/her state of residency as part of the application process. PROOF OF RESIDENCY – 1001.100(b)(1) Out-of-state applicants who have a lifetime revocation or who are BMO and have not completed BAIID requirements must provide a valid state-issued ID card or driver’s license. Applicants who do not fall into either of these categories may continue to prove out-of-state residency through, but not limited to, the use of leases, voter registration, utility bills, telephone bills, bank statements, income tax returns, mortgage statements or employment verification. 1001.100(b)(1). WITHDRAWAL OF OUT-OF-STATE PETITIONS – 1001.100(v)(7) The rule providing that out-of-state petitioners who fail to submit required documentation within 30 days of written demand are deemed to have withdrawn their application and may not submit another application for 30 days from the date of the withdrawal order has been rescinded. In the past, the failure to withdraw would result in a default. The rules are now silent as to the consequences of a failure to withdraw. 15-YEAR RULE – 1001.440(o) The rule providing that out-of-state petitioners whose last DUI disposition occurred more than 15-years prior to the current application date may be excused from the requirement of an alcohol/drug evaluation under certain circumstances has been rescinded.

FORMAL HEARING PROCEDURAL RULES

MOTIONS TO CONTINUE OR WITHDRAW – 1001.100(v) The inability to obtain transportation to the hearing location or to obtain the documents minimally required to be favorable considered for driving relief are now considered circumstances that may, within the discretion of the hearing officer, justify a continuance upon a showing of good cause (previously these factors were not the basis for a continuance).

INFORMAL HEARING ELIGIBILITY / FORMAL HEARING REQUIRED – 1001.300(b), 1001.441(c) and 1001.470(a)

The Secretary of State has added cases where a formal hearing will now be required:

• All hearings involving a revocation, suspension or cancellation resulting from an offense involving a death. The exception for revocations entered pursuant to 625 ILCS 5/6-205(a)(16) – where death was proximately caused by a moving violation has been rescinded – 1001.300(b)(1):
• The petitioner has 2 or more DUI dispositions during his or her lifetime, at least one of which resulted in the current open revocation or suspension (which will now include suspensions entered pursuant to 11-501.6 – Type A accident suspensions). Previously, this rule provided that only a person with more than 1 statutory summary suspensions/revocations arising out of separate offenses was required to have a formal hearing. (The most common example would be in the case with the person who received supervision and a rescission of suspension on a prior DUI and now is revoked as a result of a second or subsequent DUI. Previously, this person would have been eligible for an informal hearing and will now be required to have a formal hearing) – 1001.300(b)(3);
• Renewal of a RDP if there were BAIID violations which were not satisfactorily explained to the BAIID Division – 1001.300(b)(6) and 1001.441(c);
• A petitioner subject to a lifetime revocation regardless of the nature of the current suspension or revocation – 1001.300(b)(8).

Additionally, the previous unwritten policy requiring a formal hearing for reinstatement where a formal hearing was required for issuance of the initial permit (not extensions) is now part of the administrative rules. 1001.300(b)(7).

REINSTATEMENT

TIME LIMIT TO COMPLETE REINSTATEMENT REQUIREMENTS – 1001.110(d)(2) Petitioners granted reinstatement must complete the requirements within a period of 18-months (rather than 12-months) from the date of the Secretary of State’s order.

RESTRICTED DRIVING PERMITS

NO HARDSHIP REQUIRED The Secretary of State has designated 2 types of RDPs for which it has determined it will not require the petitioner to demonstrate a hardship: PROBATIONARY RDP The probationary RDP is issued to a non-BMO petitioner who is eligible for full reinstatement but, in the opinion of the Secretary of State, should be first required to drive on a permit as a probationary device – 1001.420(j)(1). The probationary permit will be issued for any lawful purpose 12 hours per day, 6 days per week, within a 200 mile radius for a period of up to 1-year. A waiver of this provision may be granted by the Director of the Department of Administrative Hearings upon a showing of exigent circumstances – 1001.430(i). Petitioners granted a probationary permit (i.e., those otherwise eligible for reinstatement at the time of issuance) must drive on the permit for 75% of its length prior to being allowed to apply for reinstatement – 1001.430(i). BAIID MULTIPLE OFFENDER (BMO) RDP Regardless of whether the BMO petitioner is eligible for full reinstatement at the time of application, no hardship need be shown. The BMO RDP will be issued for any legitimate purpose up to 12 hours per day, 6 days per week within a 200 mile radius – 1001.430(j)(2)(C). (Note that no waiver procedure of these limits is provided for BMO RDPs. Contrast with the waiver provided for Probationary RDPs – see 1001.430(i)). A BMO RDP (formerly known as a BAIID Required Permit) is issued to a person who is subject to a 5-year BAIID requirement due to a second or subsequent DUI conviction. The BMO RDP may be issued for a period of up to 2-years and may be renewed at an informal hearing unless a rejected BAIID violation has occurred in which case renewal can only occur at a formal hearing – 1001.420(j)(2). To avoid a lapse in the BMO RDP, a renewal hearing (whether formal or informal) must take place prior to the expiration of the permit. However, a lapse will not be deemed to have occurred if the person keeps the BAIID installed during the lapse period. However, the time during which the permit lapsed will be added to the end of the original 5-year period so that 5-years on a valid permit is actually completed. 1001.470(a). The BMO permittee must keep the device installed as required for the 1,826 consecutive days (5-years) prior to application for reinstatement. Deinstallation without approval will result in the restart of the 5-year requirement – 1001.420(j)(2)(A) and 1001.470(a) If the petitioner is not eligible for reinstatement and is granted a RDP and then becomes eligible for reinstatement, he or she must drive on the RDP for 75% of the length of the initial permit period before being considered for reinstatement – 1001.430(i). Those BMO permittees who hold an employment exemption and do not otherwise utilize a BAIID do not satisfy the 5-year BAIID requirement prior to full reinstatement unless and until they drive on the device for the 5-year period – 1001.443(b)(2). The 5-year BMO RDP requirement went into effect on January 1, 2016. BMO permittees who were granted relief or had a hearing granting relief prior to that date were subject to a requirement that they successfully drive on a BAIID for 366 consecutive days. Those permittees who failed to complete this requirement are now subject to the full 5-year requirement of 1,826 days – 1001.443(b)(e). HARDSHIP REQUIRED RDPs may be issued to relieve an undue hardship for those not otherwise eligible for full reinstatement or those with lifetime revocations. Note that those petitioners designated as BMO who also have not reached their eligibility date for full reinstatement are nevertheless not required to demonstrate a hardship. There are 2 types of RDPs that require the demonstration of a hardship: Standard and Lifetime. These permits may be issued for a variety of statutory authorized reasons including: employment, medical, court ordered activities, educational, support/recovery or day care – 1001.420(b). ‘STANDARD’ RDP – 1001.430(i) Typically, the applicant for this type of RDP has a single conviction (1-year) revocation or a ‘second offender’ summary suspension (3-year) either of which may or may not have been extended. If the petitioner is not eligible for reinstatement at the time of application (other than a BMO applicant) and is granted a RDP and then subsequently becomes eligible for reinstatement, he or she must drive on the RDP for 75% of the length of the initial permit period before being considered for reinstatement. LIFETIME RDP Persons who have been convicted of committing a fourth or subsequent DUI violation, reckless homicide (720 ILCS 5/9-3(a)) or leaving the scene of a personal injury/death (625 ILCS 5/11-401) or combination thereof, with the last arrest occurring on or after January 1, 1999 are revoked for life. They are permitted to apply for a RDP 5-years from the date of the last order of revocation of release from incarceration – whichever is later – unless more than 1 of the DUIs are drug-based. These petitioners are always BMO and are never eligible for reinstatement unless they establish a bona-fide out-of-state residency. In that situation they can apply 10-years from the last order of revocation. TIME LIMIT TO COMPLETE RDP REQUIREMENTS – 1001.110(d)(1) Petitioners granted a restricted driving permit must complete the requirements within a period of 120-days (rather than 90-days) from the date of the Secretary of State’s order. DRIVING FOR REASONS OTHER THAN A STATUTORY AUTHORIZED PURPOSE – 1001.420(e) Persons driving on a RDP may use the permit to get gas, charge the vehicle or emergency repairs. The new rule goes on to provide that “…routine vehicle care, including but not limited to oil changes, tire rotation, alignment and emission testing, or service performed substantially outside the geographical parameters of the permit do not qualify for this exception.” It is unclear if these routine vehicle care activities are permissible within the geographical limits of the permit. BAIID The rules continue the policy which prohibits a BAIID violation which has not been satisfactorily explained from serving as the “sole” basis for cancelling a RDP. However, the violation is to be included in the driver’s file to be considered at the next hearing for driving relief. These persons will be required to appear at a formal hearing (even if the person would have otherwise been eligible for an informal hearing to seek a renewal of a RDP). See 1001.300(b)(6); 1001.400(b)(4) and 100.441(c). Such persons may be granted a RDP renewal for a period of up to 12 months. During this 12-month period the person must come into compliance with Subpart D requirements. Failure to do so will result in the person being denied further relief. If the person is a BMO he or she will be required to restart the 5-year BMO period. See 1001.400(b)(4) and 1001.441(d). The 5-year BMO statute took effect on January 1, 2016. For those BMO offenders who were granted relief pursuant to a hearing held prior to that date, the law only required that the person drive on the BAIID for a period of 366 consecutive days. If the person failed to complete the 366 day requirement due to cancellation of the RDP or failure to complete the requirements to obtain the RDP, they are required to reapply and are subject to the 5-year requirement – 1001.443(e). The rules clarify when a lapse in a BMO RDP will be deemed to have occurred, requiring a restart of the 5-year period. Provided that the hearing to renew the permit takes place prior to the permit expiration date any subsequent lapse in the permit will not result in a restart of the 5-year period if the person keeps the BAIID installed. However, the total period of any lapse will be added to the end of the 5-year period thereby assuring that the person has had the BAIID device installed with a valid permit for a full period of 5-years – 1001.470(a). Deinstallation of the BAIID prior to the completion of the 366 day requirement is an added basis for requiring compliance with the 5-year requirement – 1001.443(e)

DEFINITIONS – DUI DISPOSITION – 1001.310 and 1001.410

The definition of DUI disposition has been amended to include suspensions entered pursuant to 625 ILCS 5/11-501.9 (Failure of or refusal to submit to roadside chemical tests or field sobriety tests in cannabis-related DUI cases).

UPDATE EVALUATIONS – 1001.440(a)(5)(A)(ii)

While treatment providers can normally provide an update evaluation even where they did not complete the original evaluation, the past rule prohibited them from doing so if the only service provided was Early Intervention (Moderate Risk classification). This was due to the fact that Early Intervention does not constitute treatment. The revised rule has now expanded this prohibition to programs that only provided continuing care services.

OPIATE SUBSTITUTION PROGRAMS – 1001.440(e)(4)

Under the previous rule, petitioners involved in a long-term opiate substitution program, such as methadone maintenance were not required to prove abstinence from the opiate substitute and instead were required to demonstrate stability in the program for at least a year. These persons were previously required to present documentation from their counselor and physician describing the nature of the program, progress, length of the program and prognosis. Under the new rule the Secretary of State will utilize an Opiate Substitution form to be completed by the petitioner, physician and evaluator or substance counselor. Stability in the program for at least one year and abstinence from alcohol and all other drugs, together with all other requirements must still be met.

MEDICAL CANNABIS – 1001.440(e)(5)

Under the previous rule, petitioners prescribed medical cannabis were not required to prove abstinence from cannabis and instead were required to demonstrate stability for at least one year. These persons were previously required to present documentation from their counselor and physician describing their illness or condition, progress and status in the program, length of the program and prognosis. Under the new rule the Secretary of State will utilize a Medical Cannabis form to be completed by the petitioner, physician and evaluator or substance counselor. If the petitioner is High Risk (Dependent), stability in the program for at least 6 months is required for a RDP and 12 months for reinstatement. All other requirements must be met including abstinence from alcohol and all other illegal drugs.

PRESCRIBED OPIATE MEDICATION – 1001.440(e)(6)

Under a new rule, petitioners who have prescribed opiate medication are not required to prove abstinence from the opiate and instead are required to prove that they are stable on the medication. The Secretary of State will utilize an Opiate Medication form to be completed by the petitioner, physician and evaluator or substance abuse counselor. If the petitioner is High Risk (Dependent) and has been diagnosed as dependent on the prescribed opiate stability in the program for at least 6 months is required for a RDP and 12 months for reinstatement. All other requirements including abstinence from alcohol and all other drugs must be met.

What is a Breathalyzer Test?

Police officers use breathalyzer tests to determine the blood alcohol content (BAC) in your body. In a typical DUI investigation, breathalyzer tests are used in two different situations. First, they may use a preliminary breath test to assist them in deciding whether to arrest you for DUI. Second, after the DUI arrest has been made, they use it for what is known as an evidentiary breath test. How do these devices work?

1. When you consume alcohol, it is absorbed into your bloodstream.
2. The blood distributes the alcohol to your lungs.
3. When you exhale, the alcohol exits your body through your breath.
4. The breath test measures how much alcohol is in your breath and converts this measurement to a blood alcohol content.

Keep in mind that breathalyzer tests are scientific devices, which are designed to determine your blood alcohol content, they are not precise. Although they are typically fairly accurate, being off by just a small percentage can have an impact on your case. However, police officers also consider other factors aside from the breathalyzer test when determining whether to place you under arrest for DUI. Someone may have called the police and reported that you were driving recklessly or you may have been driving erratically. When the police officer pulled you over and questioned you, he or she may have smelled a strong odor of alcohol on your breath. They may also claim that you had slurred speech or failed the walk and turn test, one leg stand test or other field sobriety tests.

What Happens If I Refuse a Breathalyzer Test?

Under Illinois law, if you choose to drive in Illinois, you give your implied consent to be tested for your blood alcohol content if a police officer pulls you over and has probable cause to believe that you are under the influence. If you refuse a breathalyzer test or submit to and fail testing, your driver’s license can be suspended. However, this implied consent only applies to the evidentiary test that you can be requested to take AFTER your arrest for DUI. Implied consent DOES NOT apply to the preliminary breath test that is offered as part of the field sobriety tests PRIOR to the DUI arrest and therefore there are no driver’s license penalties for refusing or taking this test. Before administering a test, the police officer should have advised you of the consequences of taking and failing or refusing the breath test. Penalties may include:

• One-year driver license suspension if testing refused or six-month suspension if testing failed (for a first offense in the last 5-years)
• Three-year driver license suspension if testing refused or one-year suspension if testing failed (for a second offense in five years)

One of the most damaging consequences of a BAC test refusal is that the prosecutor can use your refusal as evidence against you in court. The prosecutor can argue that you refused testing because you knew you would fail. This is known as consciousness of guilt.

When I am Offered a Breathalyzer Test?

In Illinois, the police officer may offer you a breath test after pulling you over. This is called a preliminary breath test and may not be used as evidence at trial due to its reliability. However, it can be used to establish probable cause to arrest you for DUI. There is no penalty for refusing this test. The test offered at the police station is known as the evidentiary breath test, which can be used against you in court.

How Can a DUI Lawyer Help My Case?

There are several ways that a lawyer can help you with your DUI case.

Investigate the Case

Your DUI attorney’s job is to uncover the facts of the case so that your rights are protected and you get a fair hearing. The lawyer can review the arrest reports, video, the breath test logs, breath operator certification, and all other available evidence.

Flaws in the Breathalyzer Tests

Since breathalyzer tests are not always certified and calibrated, your lawyer may be able to prove that the test was flawed or the equipment was outdated. Your DUI attorney may also demonstrate that the police officer performed the test incorrectly or did not follow proper protocol during the arrest.

Negotiate with the Prosecutor

You may be in a position where the best strategy involves negotiating with the prosecutor. If so, your attorney may be able to meet with the prosecution to work out a plea agreement and reduce your sentence. An experienced DUI attorney understands how to paint a compelling picture of your character in order to obtain the best possible offer from the prosecutor.

Provide Valuable Legal Counsel

A professional Chicago DUI lawyer will have worked on hundreds of cases similar to yours. They understand the intricacies of Illinois law and have the skills necessary to help you with your case. An attorney can guide you through the legal process, answer your questions, and stop you from making mistakes that could harm your case.

Driver’s License Reinstatement

Even if you lose your driver’s license after a DUI conviction, an attorney may be able to help you with driver’s license reinstatement.

Schedule a Free Consultation Today

Don’t let a DUI charge ruin your future. If you have been arrested for a DUI, contact The Davis Law Group, P.C. Call (847) 390-8500 or fill out our contact form to schedule your free consultation with a Chicago DUI attorney. The DUI lawyers at our firm practice at courthouses throughout the Chicago area including Cook County, Lake County and DuPage County.

THE TOP FIVE REASONS PETITIONERS ARE DENIED DRIVING PRIVILEGES BY THE ILLINOIS SECRETARY OF STATE:

1) The Evaluation and/or Treatment Documents Do Not Meet Secretary of State Requirements.

The Office of the Secretary of State has extensive written administrative rules carrying with them the force of law. Among these rules are provisions specifying the minimum requirements that an alcohol/drug evaluation and accompanying treatment documents must meet in order to be considered favorably. We often find that despite the fact that these documents are prepared by licensed professionals, they often do not meet these requirements.

2) The Alcohol/Drug Evaluation does not Support the Assigned Classification Level

Under Illinois law, a petitioner can fall into 1 of 5 classification levels based on such factors as arrest history, BAC levels, drinking/drug use history, and symptoms of abuse/dependency. The classification system is extremely complicated and technical. As a result, mistakes are often made. More importantly, the Secretary of State will often find that the drinking/drug use history provided by the petitioner and the reported symptoms do not support the classification level assigned to him or her.

3) The Petitioner’s Testimony is Inconsistent with the Information Contained in the Evaluation

Even in cases where the alcohol/drug evaluation is properly prepared, the client’s testimony at the hearing is substantially different from the information contained in the evaluation. This may have to do with the facts and circumstances of the prior DUI(s) including the amount of alcohol consumed; the drinking/drug use history prior to the DUI(s) or since the last DUI; alcohol/drug symptoms experienced by the petitioner as well as numerous other discrepancies.

4) The Petitioner Fails to Acknowledge the Existence and/or Reasons for a Drinking/Drug Problem

Petitioners who have been diagnosed at a Significant Risk classification level or above have generally gone through a treatment program which, in part, is designed to assist them in developing an acknowledgement and understanding the nature and extent of their drinking and/or drug problem and how it relates to the risky behavior they have engaged in. The inability at the time of the hearing to acknowledge and explain the nature and reasons for their problem and how it relates to their DUI arrest(s) will cause the Secretary of State to question the effectiveness of previously completed treatment and the need for additional treatment.

5) The Petitioner is Classified as High Risk (Dependent) and has Failed to Demonstrate or Document an Adequate Support System

Petitioners who are classified as alcohol and/or drug dependent are required to demonstrate participation in an ongoing support or recovery program. Additionally, they are required to document involvement in such a program through letters from support group letters that contain certain minimum information as required by Secretary of State rules. Petitioners often fail to meet these requirements, especially in the case of “non-traditional” support systems such as church or friends and family. Furthermore, petitioners who are required to be involved in support groups are often unable to explain how their involvement assists them in maintaining their abstinence and sobriety. Contact Our Driver’s License Reinstatement Attorneys The driver’s license restoration attorneys at The Davis Law Group, P.C. have a reputation as leaders in our area of practice. We understand the hardships faced by those who have lost their driving privileges despite their best efforts to work toward reinstatement. We have helped thousands of clients across Illinois as well as those who now reside out-of-state. If your driver’s license is revoked in Illinois, contact us today for a free initial consultation.

• The completion of an alcohol/drug evaluation by a licensed program which classifies the driver according to one of five risk levels. The evaluation must be dated within 6 months of the hearing date and include all of the petitioner’s DUI arrests (both those that occurred in Illinois as well as out-of-state); any other alcohol/drug related criminal history; a chronological review of the person’s alcohol/drug use history; a review of any symptoms of alcohol/drug abuse or dependency; treatment history; support group involvement (if any); and the results of an objective test to determine the present or past existence of a drinking/drug problem.
• Documentation of completion of risk education and treatment (if necessary) based on the evaluation classification. If documentation of treatment is required then the petitioner should be prepared to present a Treatment Verification, Discharge Summary, Treatment Plan, Continuing Care Plan and Continuing Care Status Report. Also, depending on the evaluation classification, the person should be prepared to present a risk education verification.
• In certain cases, a Treatment Needs Assessment, also known as a Treatment Waiver, may be required.
• Depending on the petitioner’s classification, the Secretary of State may also require abstinence/substance use and support group forms.
• If the petitioner has appeared at a previous hearing and was denied driving relief, he or she is required to provide a letter or other document from the evaluator addressing the issues raised in the denial order.

Petitioner’s Testimony

• The hearing officer will require that the petitioner testify under oath at the time of the hearing. The petitioner will be asked questions regarding his or her alcohol/drug arrest history; drinking/drug use history; symptoms of abuse/dependency; factors contributing to previous history of abuse or dependency; benefits of treatment; lifestyle changes supporting non-problematic use or abstinence and, if applicable, hardship caused by the loss of driving privileges.
• The petitioner should be prepared to address these issues raised in a previous hearing, which resulted in a denial.

Issues at the Hearing Affecting the Decision of the Secretary of State

• Does the alcohol/drug evaluation support the classification and conclusions of the evaluator when considering the petitioner’s arrest history; substance use patterns (past and current); symptoms or abuse/dependency; objective testing; underlying reason(s) for past drinking/drug use issues and resolution of those issues through treatment? If treatment has been waived (excused), is there a sound basis for a waiver?
• Is the petitioner’s testimony consistent with the information contained in the evaluation documentation and/or treatment documents?
• If the petitioner is not eligible for full license reinstatement, does the petitioner have an undue hardship, which meets the requirements of justifying the issuance of limited driving privileges to relieve any hardship?

Procedure Followed at the Formal Hearing

• At the outset of the hearing, the hearing officer will call the hearing to order, announce the purpose of the hearing and the case number and swear in the witness(es). The petitioner will be asked to introduce any documents including the evaluation, treatment documents, risk education verification (if applicable); abstinence/substance use forms and support group forms (if applicable) and other relevant documents.
• The petitioner will testify. Typically, if he or she does not have an attorney at the hearing then the questioning will be conducted by the representative of the Secretary of State. If the petitioner does have an attorney, the questioning will be done by the attorney. Once the questioning has been completed, the hearing representative will have the opportunity to cross-examine the petitioner. The petitioner’s attorney will have the opportunity to ask questions on redirect.
• Once the petitioner has answered questions posed by his or her attorney (if any) and the Secretary of State’s hearing representative, the hearing officer will have the opportunity to ask questions.
• The hearing officer will then bring the hearing to a close and announce that he or she is taking the matter under advisement. The hearing officer will then prepare a recommendation in the form of a proposed order containing findings of fact and conclusions of law based upon the written documents admitted into evidence and testimony. This proposed order along with the evidence submitted will be forwarded to a designated representative of the Secretary of State who will accept, reject or amend the hearing officer’s findings, conclusions and/or recommendation. An order will then be issued under the name of the Secretary of State and forwarded to the petitioner.

What Happens After a Formal Hearing?

• If the petitioner is granted driving relief in the form of a restricted driving permit or full driver’s license reinstatement, the order will be accompanied by a list of requirements to be completed by the petitioner. These requirements may include filing proof of financial responsibility insurance; clearance of any unpaid tickets; clearance of any unsatisfied judgements; filing of a medical report to address any medical issues; submitting to written, road and vision testing; verification of employment, educational need, child care or family education need or support group need (in the case of issuance of a restricted driving permits); and payment of any fees to the Secretary of State.
• If granted an RDP, the petitioner will have 90 days to complete all requirements. If granted full license reinstatement, the petitioner will have one year to complete the requirements. Failure to meet these deadlines, unless extended, will result in an order denying all driving relief and requiring the petitioner to submit a new request for hearing.
• Upon completion of all requirements, the driver will receive an RDP or full license reinstatement depending on the type of relief granted. If the driver has been granted an RDP subject to the use of a breath alcohol ignition interlock device (BAIID), the driver will have 14 days from the date of issuance of the RDP to have the BAIID installed in their vehicle.
• If the petitioner has been granted an RDP, he or she will be required to drive on the RDP for 75% of the time that it has been issued for or until eligible for full license reinstatement, whichever is later before they can be considered for full reinstatement. The only exception to this requirement is where the petitioner is required to drive on a BAIID for 5 years before being considered for full reinstatement. This typically will involve cases where the petitioner has more than one conviction for DUI.
• If the petitioner has been denied driving privileges, he or she will have one of two choices: 1) file a Complaint for Administrative Review of the Secretary of State’s decision in the Circuit Court within 35 days of service of the decision; or 2) file a request for a new formal hearing before the Secretary of State.

Contact our Illinois Driver’ License Attorneys Today The driver’s license attorneys at The Davis Law Group, P.C. have helped thousands of individuals regain driving privileges. We have the experience and knowledge necessary to help you get back on the road sooner. Contact our lawyers today for a free consultation by filling out our contact form or by calling us at (847) 390-8500.

Administrative Review of Hearing Decisions

Despite the fact that most cases can be resolved at a hearing, the decision of the Secretary of State is subject to review and reversal in the Circuit Court. In Illinois, this process is known as administrative review. In order to seek judicial or court review of a decision from the Secretary of State, the driver must file a Complaint for Administrative Review within 35 days of when the denial order is served on the driver. The Secretary of State is represented in court by the Attorney General’s office which will file a complete record of the hearing with the court, including all exhibits and a transcript of the testimony taken at the hearing. The court will not consider any new evidence. Instead, the court is limited to the record that was made at the administrative hearing. If the court requires additional evidence, it will remand or send the case back to the Secretary of State with instructions to supplement the record and take additional evidence on whatever issue it has identified. Decisions of the Secretary of State are presumed under the law to be correct and, therefore, the court will not reverse the decision unless it is contrary to the manifest weight of the evidence or contrary to law. Simply put, this means that if there is sufficient evidence to support the Secretary of State’s decision to deny driving privileges, even if a reasonable person could disagree, the order will be upheld. In the event that the court decides to reverse the decision of the Secretary of State and grant driving privileges, the State may still appeal, which can be a frustrating prospect. As discussed, in the great majority of these cases, a favorable decision can still be obtained at a hearing, even if you received a denial in the past, without going to court. This avoids the time, expense, uncertainty and frustration of seeking relief through the circuit court. Having professional legal representation is strongly encouraged. Contact our Illinois Driver’s License Attorneys The driver’s license restoration lawyers at The Davis Law Group, P.C. are leaders in Secretary of State law. Our attorneys have extensive experience helping clients throughout Illinois and those who reside out-of-state. For more information, visit our License Reinstatement FAQ page. Contact us today through our contact form or by calling us at (847) 390-8500 for a free initial consultation.

Penalties of a First DUI

A first offender who is found guilty after trial or pleads guilty to a DUI may be sentenced to court supervision. Court supervision is not a conviction under Illinois law, meaning that a jail sentence is not permitted. In addition, if you comply with all of the conditions of court supervision, the DUI will not go on your public record. However, court supervision for a DUI is only possible once in your lifetime. The prosecutor may decide to seek jail in cases involving aggravating circumstances such as where an accident has occurred, a child was in the car, a weapon or illegal drugs were present in the car or the offender was charged with resisting arrest or battery or assault on the officer. Of course, there are also cases where a first offender may be charged with a felony DUI known as Aggravated DUI. These are often cases where a death or serious personal injury has occurred as a result of the DUI. In some cases, an Aggravated DUI may also be charged where the person is caught driving without a valid license or insurance. While the possibility of jail is higher in such cases, the judge may also impose a sentence of probation. Contact our DUI Defense Attorneys The DUI defense attorneys at The Davis Law Group, P.C. have successfully defended hundreds of DUI charges throughout the Chicago area including Cook, Lake and DuPage Counties. If you are charged with DUI, your first call should be to a knowledgeable and experienced attorney. Let us provide you with the legal representation you deserve. Contact us today for a free consultation.

• 6-month suspension if you submit to and fail testing
• 1-year suspension if you refuse testing

Second offender

• 1-year suspension if you submit to and fail testing
• 3-year suspension if you refuse testing

What if I have a Hazmat endorsement? If you are driving a commercial vehicle transporting hazardous material at the time of the DUI you may face a 3-year disqualification of your CDL privileges. When does the license suspension begin? In all cases, the suspension and/or disqualification will automatically take effect 46 days from the date the police officer serves you with the Notice of Summary Suspension. This most often takes place at the time of arrest) unless you submitted to a blood or urine test. Can I apply for a driving permit during the suspension? You can apply for a Monitored Device Driving Permit (MDDP), which will allow driving 24/7 during the entire period of suspension. However, the permit is only valid for regular driving privileges, not CDL privileges. The Secretary of State does not offer a permit for CDL privileges. Federal and State law prohibits CDL privileges during the period of disqualification. Can I challenge the Statutory Summary Suspension? Your DUI defense attorney should file a ‘Petition to Rescind the Statutory Summary Suspension’ with the court. Depending on the evidence and strength of the case against you, it may be possible to challenge the suspension at a hearing. In fact, it is also possible to challenge the suspension if you are not given a hearing within the required timeframe. Of course, every case is unique and your attorney will need to evaluate the evidence to determine if there are legal grounds to challenge the suspension. It should be noted that even if your attorney is successful in challenging the suspension, your CDL privileges can still be disqualified depending on the results of the criminal case as described below. What if I receive Court Supervision on the DUI charge? While court supervision prevents a public record or license consequences for those with only regular driving privileges, it still results in a 1-year disqualification of CDL privileges. In addition, if you receive a second DUI resulting in either another Statutory Summary Suspension or a finding of guilty on the DUI criminal charge, the Secretary of State will impose a lifetime disqualification of your CDL privileges. The only way to avoid the license consequences stemming from the criminal charge of DUI is to successfully challenge the DUI at trial or by negotiating a reduction or amendment of the offense (i.e. an amendment of the DUI to reckless driving). DUI Defense Attorneys Contact the DUI defense attorneys at The Davis Law Group, P.C. today. We focus our legal practice in the areas of DUI law and Secretary of State driver’s license law. Our attorneys have decades of experience defending truck drivers charged with DUI throughout the Chicago area including Cook County, Lake County and DuPage County. We understand the personal and professional consequences that you face when charged with DUI. Call us today at (847) 390-8500 to arrange a consultation.

• Conviction – 12-month driver’s license suspension

Zero Tolerance while Driving

• 1st Offense – BAC above a .00 – 3-month driver’s license suspension
• 1st Offense – Test Refusal – 6-month driver’s license suspension
• 2nd Offense – BAC above a .00 – 12-month driver’s license suspension
• 2nd Offense – Test Refusal – 2-year driver’s license suspension

DUI

• 1st Conviction – Minimum 2-year driver’s license revocation

Although the above offenses are directly related to driving, you can still have your license suspended or revoked for possessing or consuming alcohol as described below, even if the offense is completing unrelated to driving or being in a motor vehicle. Possession of Alcohol by a Minor

• Court supervision – 3 month driver’s license suspension
• 1st conviction – 6-month driver’s license suspension
• 2nd conviction – 12-month driver’s license suspension
• Conviction with an existing or pending revocation – Driver’s license revocation

Consumption of Alcohol by a Minor (Underage Drinking)

• Court supervision – 3 month driver’s license suspension
• 1st conviction – 6-month driver’s license suspension
• 2nd conviction – 12-month driver’s license suspension
• Conviction with an existing open or pending revocation – Driver’s license revocation

Possession of a Fraudulent ID or Fraudulent Driver’s License

• 1st offense (court supervision or conviction) – 12-month driver’s license suspension
• 2nd offense – Minimum 12-month driver’s license revocation

The loss of your driving privileges can have far reaching consequences on your life. We understand that your inability to get to school or work can be a severe hardship. If you are charged with an alcohol-related offense in Illinois, contact the defense attorneys at The Davis Law Group, P.C. Our attorneys have an in-depth knowledge of Illinois criminal law, traffic law and driver’s license law. Ensuring that your case is handled properly from the start can make a significant difference in the final outcome. Our legal practice extends throughout Cook County, Lake County and DuPage County. Contact us today at (847) 390-8500 to discuss your case.