School Bus Permit Requirements

Permit holders must be at least 21 years of age, have held a valid license for the previous three years prior to application for a school bus permit, complete a classroom training course, pass a written test, road test, physical examination, and an FBI criminal background check. A school bus permit will not be issued to a driver that has been sentenced to court supervision or convicted of reckless driving, DUI or reckless homicide (while operating a motor vehicle) within three years of the date of application or to a driver who has ever caused a fatal accident as a result of the unlawful operation of a motor vehicle. The Secretary of State will refuse to issue a school bus permit if the applicant has been sentenced to court supervision or received a conviction for two or more serious traffic violations in the 12-month period prior to application.

School Bus Permit Cancellation for Traffic Violations

School bus drivers are understandably held to a higher standard by the Illinois Secretary of State and their driving record is closely monitored after the permit is issued. A school bus permit will be cancelled if the permit holder receives court supervision or a conviction for two or more serious traffic violations within a 12-month period after the permit is issued. This rule applies regardless of whether driving a private or personal vehicle and is not limited to receiving the traffic ticket while operating a school bus. If the permit holder pleads guilty to a serious moving violation, they will receive a letter from the Office of the Secretary of State indicating that any additional serious violations within one year of the date of the first violation will result in a cancellation of their school bus driving privileges. However, as a practical matter, even a single violation may impact your employment and livelihood.

What is a serious violation?

Under Illinois law, serious violations include, but are not limited, to the following:

• Excessive Speeding (15 mph or more over the posted limit)
• Speeding in a school zone
• Speeding in a construction zone
• Reckless driving
• Improper lane usage
• Disregarding lane control signal
• Improper passing
• Following too closely
• Driving too fast for conditions
• Failure to reduce speed to avoid an accident
• Passing a school bus loading/unloading

Can I request traffic school?

Paying the traffic ticket or requesting traffic school (or court supervision) will not prevent these offenses from affecting your permit or appearing on your pubic driving record. A request for traffic school, whether by mail or online or by appearing in court, is the same as a request for court supervision. If you receive a traffic ticket, it should be addressed in court using qualified legal representation. Our traffic ticket attorneys can attempt to negotiate an amendment to the charge or defend you at trial when appropriate.

What else will cause a school bus permit suspension?

The Illinois Secretary of State will suspend a school bus driver permit for 3 years if it is reported that the driver:

• Submitted to required drug testing resulting in a positive result.
• Refused or failed testing as the result of a reasonable suspicion of alcohol or drug use.
• Failed to perform the required pre-trip and/or post-trip inspection procedure.

Contact our traffic ticket attorneys

The traffic ticket attorneys at The Davis Law Group, P.C. have extensive experience representing school bus drivers and CDL holders throughout the Chicago area. Our Illinois traffic ticket defense attorneys routinely appear in courtrooms throughout Cook County, Lake County, DuPage County and Will County. You worked hard to obtain your school bus permit and deserve professional and knowledgeable legal representation to ensure the best possible result. We will use the most effective strategies to avoid damage to your reputation and livelihood. Contact the Chicago area traffic lawyers at The Davis Law Group, P.C. today to discuss your case.

If you recently received a traffic ticket, missed a court date, or were notified about a suspension, taking the right steps quickly can help you avoid long term consequences.

Why Driver’s Licenses Get Suspended in Illinois

License suspensions often occur because of administrative rules outlined in Illinois Administrative Code Title 92 Part 1040. These rules allow the Secretary of State to take action based on reported traffic convictions and driving history.

Common reasons for suspension include:

• Multiple moving violations within a short timeframe
• Failure to appear in court or pay fines
• Insurance related violations
• Traffic offenses committed by drivers under the age of 21
• Accumulation of violations reported from multiple jurisdictions

Many drivers do not realize they are at risk until they receive a Notice of Suspension in the mail from the Illinois Secretary of State.

What Happens After Your License Is Suspended

When your license is suspended, you may face:

• Loss of driving privileges
• Increased insurance rates
• Risk of criminal charges if caught driving
• Longer suspension periods or license revocation if additional violations occur

Driving while suspended can lead to serious legal consequences, including criminal charges that may affect your record, the length of your license suspension or revocation, and employment.

First Steps To Take If Your License Is Suspended

If you believe your license is suspended or at risk, take these steps immediately:

1. Do not drive until you understand your legal status.
2. Verify your license status through the Illinois Secretary of State.
3. Gather all recent traffic tickets, court paperwork, or notices.
4. Speak with an Illinois traffic attorney before taking further action.

Many drivers accidentally worsen their situation by paying tickets or making decisions without understanding the administrative consequences.

Can a Lawyer Help Reinstate Your License Faster?

In many cases, yes. The way your underlying traffic cases are handled can affect reinstatement eligibility and future driving privileges.

An experienced traffic attorney may help:

• Review your driving record for suspension triggers
• Identify options to clear or resolve outstanding tickets
• Seek court supervision or reductions that protect your record
• Prepare for Secretary of State hearings when required
• Guide you through reinstatement requirements

Early intervention often creates more options and may shorten the overall impact.

Common Questions About Illinois License Suspensions

Can I drive to work if my license is suspended?

Some drivers may qualify for limited driving permits (restricted driving permits) depending on eligibility.

How long does a suspension last?

The duration depends on the underlying violations, prior history, and whether additional requirements must be completed.

Will paying a ticket fix the suspension?

Typically, no. Paying a ticket may actually result in a conviction that contributes to the administrative penalties you are already facing.

How do I reinstate my license in Illinois?

Reinstatement often involves resolving all underlying issues, paying fees, and sometimes completing educational programs or hearings with the Secretary of State. It may also require filing motions in court to remove existing moving violation convictions.

Why Clients Choose The Davis Law Group, P.C.

Illinois traffic law involves both court proceedings and complex administrative rules with the Secretary of State. Our firm focuses on helping drivers navigate both systems while protecting their long term driving privileges.

We regularly assist clients with:

• License suspension and reinstatement issues
• Speeding and aggravated speeding charges
• Driving on suspended or revoked license cases
• Multiple ticket situations
• CDL driver representation
• Secretary of State administrative hearings

Our goal is to provide clear guidance and strategic solutions that help clients regain control of the situation.

Speak With An Illinois License Suspension Lawyer Today

If your license is suspended or you are worried that a traffic ticket could lead to suspension, acting quickly can make a significant difference.

Contact the traffic attorneys at The Davis Law Group, P.C. today to discuss your situation and learn how we can help protect or reinstate your driving privileges.

At The Davis Law Group, P.C., our driver’s license attorneys regularly represent drivers who’ve been denied relief in the past and help them successfully navigate SOS hearings after a previous denial.

Why Reinstatement or Driving Relief Gets Denied — And What SOS Looks For

The process to restore driving privileges after a DUI revocation is more than just waiting for your eligibility date to arrive. The SOS requires compliance with detailed rules.

Common reasons earlier driving relief requests are denied:

• Incomplete or outdated alcohol/drug evaluation: SOS mandates a recently completed evaluation by a licensed provider. If more than six months have passed, you may need to update your evaluation.
  
• Failure to complete required remedial steps: Depending on the evaluation’s classification (minimal, moderate, significant or high risk), you might be required to complete a DUI-risk education course, counseling, treatment, or support-group participation,
  
• Lack of evidence of behavior change or stability: SOS expects more than promises. You may need to show consistent sobriety or responsible use, stable employment or community ties, significant lifestyle changes, good conduct, and a plan for ongoing compliance.
  
• Missing documentation or failed paperwork submission: Everything must be documented properly. This may include proof of treatment, support group attendance, letters verifying current consumption habits or abstinence and compliance with any BAIID or restricted-driving requirements.

Because the rules are technical and the scrutiny is strict, even honest and committed individuals can be denied if documentation is incomplete, poorly organized or they are not properly prepared to address the relevant issues.

How Representation Makes a Difference — Especially After a Denial

If SOS previously denied you after a hearing, working with an experienced driver’s license attorney can significantly increase your odds of success next time around. Here’s why:

• Proper evaluation and updated documentation: A lawyer ensures you obtain a fresh, SOS-compliant alcohol/drug evaluation if needed and helps you gather all required supporting materials: treatment records, risk-education completion, support-group proof, abstinence statements, etc.
  
• Strategic presentation of hardship & rehabilitation: Only showing that you “need” to drive isn’t enough. SOS wants evidence that you’ve changed, matured, and can now be trusted with driving. A good attorney helps frame your story with real, verifiable supporting facts: stable job, community or family ties, clean record since revocation, completion of treatment, support network, etc.
  
• Navigating SOS hearing rules & procedure: Whether you face an informal or formal hearing, there are strict procedural rules — from when to request a hearing, how to request reconsideration after a denial, to how often you can re-apply. An attorney  knows how to maximize your window of opportunity.
  
• Avoiding common pitfalls: From outdated evaluations to missing paperwork, a lawyer helps prevent the small errors that too often lead to denial.

In essence: SOS doesn’t grant relief lightly. But with the right preparation and representation, you don’t just improve your chances, you dramatically increase them.

Why Clients Keep Coming to Us

At The Davis Law Group, P.C., we frequently represent drivers who’ve been denied in the past, sometimes more than once. We help them:

• Choose the right timing to re-apply (after updated evaluations, treatment, and documentation)
  
• Prepare for a compelling hearing that meets all SOS requirements
  
• Walk through hearing day with confidence, testifying effectively and avoiding mistakes that trigger denial
  
• Respond to SOS denial orders with a plan to fix the issues and re-apply when eligible

Because we’ve done this thousands of times, we understand exactly what the hearing officers and SOS look for and what to avoid.

If you’ve been denied before or you are applying for the first time, don’t assume that’s the end of the road. Reach out to us for a free consultation. We can help you evaluate whether you might actually qualify for reinstatement or driving relief now.

Final Thoughts

Losing your driver’s license after a DUI, and then being denied reinstatement or relief, can feel like a dead end. But Illinois does offer a path back on the road for those who prove they’re no longer a risk and who follow the reinstatement requirements carefully.

With proper evaluation documentation, full compliance with alcohol/drug treatment or education, well-organized documentation, and strong legal representation, many drivers are able to successfully regain their driving privileges.

If you’re serious about driving again, don’t give up after one denial. Contact The Davis Law Group, P.C. today for a free consultation and find out if you still have a shot at restoring your license or obtaining an RDP.

At The Davis Law Group, P.C., where we represent thousands of drivers each year in matters involving driver’s license reinstatement, suspensions, traffic violations, DUIs, and CDL issues, we’ve been following this development closely. Below is a breakdown of what the new digital license means for Illinois drivers, how it works, and how your privacy is protected.

What is a Digital Driver’s License?

A digital driver’s license (DDL) is an electronic version of your regular Illinois driver’s license or state ID. Instead of carrying only a plastic card, you will have the option to store your license securely on your smartphone through a state-approved mobile app, such as your Apple wallet.

This digital credential contains the same identifying information as the physical card but uses advanced encryption and security features to prevent fraud, tampering, or unauthorized access.

Digital licenses are optional, and Illinois will continue to issue physical cards.

How Illinois’ Digital License System Works

Illinois’ program follows national security standards developed by the American Association of Motor Vehicle Administrators (AAMVA).

Key Features:

• Secure Mobile App: Your DDL is stored in a protected app with multi-factor authentication.
  
• Selective Data Sharing: You can share only the necessary information for a specific situation.
  Example: Proving you’re 21 at a bar without showing your address.
  
• Real-Time Verification: Police officers and businesses can confirm license validity quickly through encrypted QR codes or digital scans.
  
• Automatic Updates: If your license status changes (renewals, suspensions, reinstatements, address changes), your digital license updates instantly.

Will You Still Need Your Physical License?

Yes, for now.

Illinois is treating the digital license as a convenience tool, not a replacement. You should still carry your traditional license until the state announces otherwise.

Digital licenses will be accepted at:

• Traffic stops (as technology is implemented)
  
• Airports (TSA is moving toward digital acceptance)
  
• Age-verification locations
  
• Government buildings
  
• Businesses that opt in

Privacy & Security Concerns: What Illinois Drivers Should Know

Clients at our firm, especially those dealing with license issues, reinstatements, or CDL matters, often raise legitimate privacy concerns about digital IDs. Here’s what you should know:

1. Can police access other information on my phone?

No.

During a traffic stop, presenting a digital license does not give an officer access to your phone, its contents, or any apps. The verification process occurs through:

• A scannable code
  
• A secure “device-to-reader” connection
  
• A temporary digital token

Your phone never has to leave your hand unless you voluntarily hand it over (which we do not recommend).

2. Is my personal data stored on a government server?

Your data is stored the same way it is for physical licenses. The digital license itself is stored locally on your device, protected by:

• End-to-end encryption
  
• Biometric authentication (Face ID / fingerprint)
  
• Randomized digital identifiers

Illinois does not gain new personal data because you opt in.

3. What happens if my phone is lost or stolen?

Your digital license remains secure.

Because the DDL is stored in an encrypted app, someone who finds your phone cannot access your license without passing your lock screen and app authentication. You can also:

• Remotely lock your phone
  
• Remotely wipe data
  
• Reinstall the app on a new device

Your physical license remains valid even if your phone is lost.

4. Will businesses track my activity?

No.

The app uses one-time cryptographic tokens, not persistent tracking.
Businesses cannot track:

• Your location
  
• Your phone’s ID
  
• Past scans or transactions

Verification is a one-time, non-traceable exchange.

5. Can the digital license show my driving record or tickets?

No.

Just like a physical card, your digital license displays identity information only. Your driving history, including moving violations, suspensions, DUIs, or SR-22 requirements, is never displayed through the digital app.

How This Affects DUI, Suspensions & License Reinstatement Cases

For our clients dealing with license suspensions, revocations, RDP permits, or DUI restrictions, here’s what to expect:

• If your license becomes suspended, your digital license will instantly show “invalid”.
  
• For those seeking Restricted Driving Permits (RDP), the digital license may eventually display the restricted status, but Illinois has not finalized how this will appear.
  
• You will still need to meet all Illinois Secretary of State hearing requirements, digital licenses do not change reinstatement procedures.

The Bottom Line

Illinois’ move toward digital driver’s licenses is a major step forward in convenience and security. While privacy concerns are understandable, the system is designed with strong protections that limit data sharing and prevent unauthorized access.

Digital licenses are optional, and your physical license remains valid. Over the next several years, Illinois drivers can expect broader acceptance and more features as the technology matures.

At The Davis Law Group, P.C., our attorneys help drivers navigate the complexities of license suspensions and revocations. We’re here to help Illinois drivers protect their freedom to drive. Feel free to contact us today for a free consultation.

Key Changes to Illinois Driver’s License Law

Under the new law, undocumented immigrants who do not have a Social Security number are eligible to apply for a driver’s license. To qualify for a driver’s license, applicants must:

1. Provide Valid Documentation: You will need to present documents that verify your legal name, date of birth, written signature, and current address. Acceptable documents include an unexpired foreign passport or a consular card issued by an approved country.
2. Proof of Residency: You must demonstrate at least twelve months of residency in Illinois. Acceptable proof includes bank statements, insurance policies, utility bills, or other official mail showing your name and address.
3. Pass Required Tests: Applicants must complete a Verification of Residency form and pass vision, written, and road tests.
4. Certification of Ineligibility for a Social Security Number: You must certify under penalty of perjury that you are not eligible for a Social Security number.

Please note that these licenses are intended solely for driving and do not serve as a valid form of identification.

Addressing Issues with Existing Licenses

For those who have previously obtained a fraudulent license or Temporary Visitor Driver’s License (TVDL), or who have faced license suspension or revocation, additional steps are required. Here’s how we can help:

1. Handling Fraudulent Licenses: If you previously obtained a driver’s license using false information, you will need to address this issue with the Secretary of State’s Fraud Division. Fraud detection often involves facial recognition technology, and you may be required to attend an in-person interview with the Secretary of State Police. Our experienced attorneys can accompany you during this process to ensure your interests are protected.
2. Resolving Suspensions or Revocations: If your driving privileges were suspended or revoked due to DUI or other offenses, we can request a hearing before the Secretary of State’s Office. Depending on your case, we may seek a hardship license (Restricted Driving Permit/Work Permit) or full reinstatement of your driving privileges.

How The Davis Law Group, P.C. Can Assist

At The Davis Law Group, P.C., our attorneys focus on representing individuals facing challenges related to their driver’s licenses, including undocumented immigrants navigating the new legal landscape. Our services include: – Representation in Fraud Cases: If you need to correct a fraudulent license record, we can represent you during the Secretary of State’s Fraud Department’s review and any related verification processes. – License Reinstatement: We can advocate on your behalf in hearings to restore your driving privileges or obtain a hardship license, depending on your circumstances. Navigating the complexities of Illinois driver’s license laws can be challenging, especially with recent changes in the law. The attorneys at The Davis Law Group, P.C. are here to provide knowledgeable legal representation and ensure that your rights are upheld throughout the process. If you need assistance with your driver’s license, contact us today to discuss your case and explore your options.

Age 15 Driver Rules (Instruction Permit Stage)

During the Instruction Permit Stage the teen driver:

• Must be supervised by an adult 21 or older who holds a valid driver’s license at all times.
• Must not receive any traffic ticket convictions.
• Have no more than one person in the front seat and no more passengers than the number of safety belts in the back seat.
• Must wear a seatbelt along with all passengers.
• Must obey nighttime driving restrictions. The teen driver is prohibited from driving Sunday through Thursday between the hours of 10:00 P.M. and 6:00 A.M. and Friday through Saturday between the hours of 11:00 P.M. and 6:00 A.M.
• Must obey the local curfew law.
• Must not use a cell phone, including hands-free, while driving except in cases of emergency.

A first conviction for a violation of the restrictions imposed on an instruction permit will result in a 2-month license suspension. Persons under the age of 18 including those who are caught driving without a permit will not be granted a driver’s license until age 18.

Ages 16-17 Driver Rules (Initial Licensing Stage)

During the Initial Licensing Stage, the teen driver:

• Must not receive any traffic ticket convictions for 6 months prior to his or her 18th birthday.
• Must have no more than one passenger under the age of 20 unless the passenger is a sibling or child of the driver (this rule applies for the first 12 months that teen holds a license or until age 18 – whichever occurs first).
• Must obey nighttime driving restrictions. The teen driver is prohibited from driving Sunday through Thursday between the hours of 10:00 P.M. and 6:00 A.M. and Friday through Saturday between the hours of 11:00 P.M. and 6:00 A.M.
• Must obey the local curfew law.
• Must not use a cell phone use, including hands-free, while driving except in cases of emergency.

A first conviction for a violation of the restrictions imposed on their driver’s license will result in a 2-month license suspension.

Age 18 Driver Rules

In order to request court supervision for a traffic ticket and avoid a conviction, the teen must appear in court with a parent or guardian and may be represented by an attorney. If the court agrees to a sentence of court supervision, the teen is required to complete traffic safety school. Court supervision may only be granted once for a serious traffic violation. If convicted of a serious traffic violation, the teen must wait 9 months from the date of the violation before being granted a driver’s license. Serious traffic violations include, but are not limited to:

• Illegal Transportation or Possession of Alcohol within a Vehicle
• Driving without a Valid License or Permit
• Leaving the Scene of an Accident
• Aggravated Speeding 26 mph or more over the limit
• Reckless Driving
• Failure to Yield Right of Way to a Pedestrian
• Failure to Yield at a Railroad Crossing
• Passing in a No-Passing Zone

Traffic Ticket Suspension for all Drivers Under the Age of 21

All drivers under the age of 21 will have their driver’s license suspended for any two moving violation convictions within a 24-month period. All moving violations are counted toward a suspension, not just serious traffic violations. More information on traffic ticket points and the length of license suspensions can be found in our previous post. A conviction for a single traffic ticket will result in a warning letter to the teen and their parents.

Traffic Ticket Defense Attorneys

The traffic attorneys at The Davis Law Group, P.C. regularly assist teen drivers and their families after receiving a traffic ticket or a driver’s license suspension. The Illinois Secretary of State holds teenage drivers to a high standard through their GDL program. Navigating the system properly is essential at this early stage to avoid a driver’s license suspension, insurance increases and high fines. Our traffic ticket attorneys are happy to provide a free initial consultation. Our defense lawyers primarily handle traffic tickets throughout the Chicago Area including Cook County, Lake County and DuPage County. 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.

Additional details regarding these new rules can be found on this earlier blog post.

Attorney Larry A. Davis of The Davis Law Group, P.C. represented the Illinois State Bar Association in negotiations with the Secretary of State’s office in finalizing these new rules. If you have a driver’s license issue and would like to discuss your case, feel free to contact us.

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.

These messages request that the person provide information such as their driver’s license number, date of birth, address, phone number and social security number. The latest of these messages replicate the Secretary of State’s website. The message usually includes a warning that the failure to provide the requested information will result in the ‘termination’ or ‘cancellation’ of the person’s driver’s license. Anyone who receives such a message should be aware that they are the target of a scam. These text and email messages do not originate from the Illinois Secretary of State’s office. The Secretary of State does not email or text individuals seeking personal information. DO NOT CLICK ON ANY LINKS OR PROVIDE ANY OF THE REQUESTED INFORMATION. When there is an issue regarding your driver’s license, the Secretary of State will always send a letter to your last known address requesting that you contact the Secretary of State. You can submit a screenshot of the message to ScamAlert@ilsos.gov. It is recommended that you then delete the email or text message. If you are the victim of identity theft, you may contact the Illinois Attorney General’s Identity Theft Hotline at (866) 999-5630.

Here is a sample of one of the scams:

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.

• 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.

• Judged a truant, addicted or delinquent minor.
• Convicted of criminal trespass to a vehicle (unless the person also exercises physical control over the vehicle).
• Adjudged with a mental disability.
• Convicted of selling alcohol to a minor or intoxicated persons.
• Possession of alcohol by a minor (unless the minor is actually an occupant of the vehicle at the time of the offense).

The Act also provides for the reinstatement of driving privileges for those who have already had their driver’ license suspended or revoked for these reasons.

If the Governor signs the legislation as expected, the law will have an effective date of July 1, 2020. The bill is expected to restore driving privileges to 55,000 motorists. The driver’s license reinstatement attorneys at The Davis Law Group, P.C. represent those with suspended or revoked driver’s licenses throughout Illinois. While this new law would surely help a significant number of drivers get back on the road, many others still face an uphill battle. If you are seeking the restoration of your driving privileges for reasons not covered by the Act, contact us today to discuss your case.