What Can I Do If Illinois Is Blocking Me From Getting a Driver’s License in Another State?

The Davis Law Group

You moved away from Illinois years ago. You now live in Florida, Texas, Wisconsin, Indiana, Arizona, or another state and need to obtain or renew your driver’s license.

Then the DMV tells you there is a problem: Illinois has a hold on your driver’s license.

Maybe you have not lived in Illinois for 10, 20, or even 30 years. Perhaps the problem involves an old DUI, driver’s license revocation, suspension, traffic case, or another issue you thought was resolved long ago.

Unfortunately, moving out of Illinois does not necessarily make an Illinois driver’s license suspension or revocation disappear.

An unresolved Illinois driving sanction can prevent another state from issuing or renewing your driver’s license. The good news is that many former Illinois residents can take steps to clear their Illinois driving privileges without moving back to Illinois and, depending on the circumstances, without returning to Illinois for a driver’s license hearing.

The first step is determining exactly what Illinois is reporting and what must be done to clear it.

Why Can Illinois Prevent Another State From Giving Me a Driver’s License?

States do not issue driver’s licenses completely independently of one another. Driver licensing agencies use the Problem Driver Pointer System (PDPS) to identify driver’s license problems reported by other states. When you apply for or renew a driver’s license, the licensing agency can discover that another state has reported you as not eligible to obtain driving privileges.

If Illinois is the state reporting the unresolved problem, your new state may require you to clear the Illinois suspension or revocation before it will issue a license. This often surprises people who have lived outside Illinois for many years. There is generally no rule that an unresolved driver’s license sanction simply disappears because enough time has passed.

What Is the Problem Driver Pointer System (PDPS)?

The Problem Driver Pointer System, commonly called PDPS, is a system used by state driver’s license agencies to identify drivers who have licensing problems in other states.

PDPS can indicate that a driver is:

  • licensed;
  • eligible to obtain driving privileges; or
  • not eligible because of a driver’s license problem in another state.

If Illinois has reported an unresolved revocation or suspension, the licensing agency in your current state may discover that information when processing your application.

That is why someone who has not thought about an old Illinois driver’s license problem in decades can suddenly encounter it at a DMV hundreds or thousands of miles away.

Can a 10, 20, or 30 Year-Old Illinois Suspension or Revocation Still Prevent Me From Getting a License?

Yes. The age of the Illinois case does not necessarily eliminate the problem.

The Illinois Secretary of State explains in its PDPS guidance that there is no time limit on these sanctions for purposes of the interstate check. An unresolved sanction from another state can therefore continue to interfere with the issuance or renewal of a driver’s license many years later.

For example, suppose you received a DUI in Illinois in the 1990s, your Illinois driving privileges were revoked, and you subsequently moved to another state. Even though decades have passed, the revocation may still need to be formally addressed before your current state will issue you a driver’s license. Waiting longer generally does not solve an unresolved Illinois revocation.

Why Does My New State Say I Have an “Illinois Hold”?

“Illinois hold” is a common way drivers describe the problem, although the exact terminology used by a DMV can vary.

In many cases, what the driver is experiencing is an unresolved Illinois suspension or revocation that is being identified through an interstate driver-record check such as PDPS.

The important question is not simply whether you have a “hold.” The important questions are:

What action is Illinois reporting?

Why was it entered?

Is it a suspension, revocation, cancellation, or another sanction?

What does Illinois require before it will clear your driving privileges?

The answer determines what you need to do next.

Common Reasons Illinois May Be Blocking an Out-of-State Driver’s License

Our driver’s license attorneys see a wide variety of Illinois driver’s license problems involving former residents.

Common examples include:

  • an old Illinois DUI conviction;
  • an Illinois driver’s license revocation that was never reinstated;
  • multiple DUI offenses;
  • an unresolved driver’s license suspension;
  • an old traffic ticket;
  • a suspension or revocation arising from an offense involving alcohol or drugs;
  • an out-of-state offense that affected Illinois driving privileges;
  • an unresolved financial responsibility or insurance-related suspension;
  • multiple actions appearing on the Illinois driving record; or
  • a lifetime Illinois driver’s license revocation.

Two people who are both told that Illinois has a “hold” can have completely different reinstatement requirements. That is why identifying the exact Illinois action is so important.

Do I Need to Get an Illinois Driver’s License Again?

No. Usually, that is not what a former Illinois resident is trying to accomplish. If you permanently live in another state, the goal is generally to clear or reinstate your Illinois driving privileges so that Illinois no longer prevents your current state from licensing you.

You are not necessarily trying to obtain a new physical Illinois driver’s license.

This distinction is important.

The Illinois Secretary of State has a specific reinstatement process for non-Illinois residents seeking to clear their Illinois driving privileges. Once the Illinois issue has been properly resolved, your current state’s licensing agency can determine whether you otherwise qualify for a license there.

Do I Have to Travel Back to Illinois to Clear an Illinois Revocation?

Not necessarily. This is one of the most important things for out-of-state drivers to know. The Illinois Secretary of State currently provides an Out-of-State Resident Reinstatement Application for qualifying non-Illinois residents seeking reinstatement of their Illinois driving privileges.

For many eligible out-of-state petitioners, this process can allow the person to seek reinstatement without physically returning to Illinois for a formal driver’s license hearing.

However, eligibility and documentation requirements matter. The Secretary of State’s current application requires, among other things, that the applicable revocation period has ended. If the driving privileges are also suspended, the applicable suspension period must have ended as well. The applicant must also establish current out-of-state residency.

The process can become considerably more complicated when the driver’s history involves alcohol or drugs because evaluations, treatment records and other documentation may be required.

What If My Illinois Revocation Is From an Old DUI?

Old Illinois DUI revocations are a common reason former residents encounter licensing problems in other states.

A DUI revocation does not necessarily terminate simply because you completed the criminal case, paid your fines, finished probation, or moved away from Illinois.

If your Illinois driving privileges remain revoked, you may have to satisfy Illinois Secretary of State reinstatement requirements before another state will issue you a license.

Depending on your history, those requirements can include alcohol/drug-related documentation and proof that you satisfy the standards for reinstatement.

The requirements can vary significantly based on factors such as:

  • the number of DUI offenses;
  • the dates of the offenses;
  • your alcohol and drug use history;
  • your previous evaluation and treatment;
  • whether you have had additional alcohol- or drug-related offenses;
  • whether you previously sought driving relief; and
  • whether your Illinois revocation is a lifetime revocation.

A DUI that happened 20 years ago can therefore require more than simply paying a fee.

What If My DUI Happened in Another State?

Out-of-state offenses can also matter. Illinois driver’s license reinstatement proceedings can require consideration of alcohol- and drug-related offenses that occurred outside Illinois.

This is an area where drivers sometimes encounter unexpected problems. A person may focus exclusively on the Illinois DUI that caused the original revocation while overlooking a later DUI or alcohol-related driving offense in another state.

That additional offense can affect the person’s reinstatement requirements and the evidence necessary to obtain relief. It is therefore important to review the driver’s complete history before submitting a reinstatement application.

What Is an Illinois Out-of-State Resident Reinstatement Application?

Illinois has established a procedure specifically for nonresidents seeking reinstatement of Illinois driving privileges. The process generally involves submitting an application and supporting documentation to the Illinois Secretary of State’s Department of Administrative Hearings. Depending on the nature of the revocation and the driver’s history, the required materials can be substantial.

For an alcohol- or drug-related revocation, the application process may involve documentation concerning:

  • your DUI and alcohol/drug offense history;
  • an alcohol/drug evaluation;
  • treatment or remedial education;
  • your current alcohol and drug use;
  • your recovery or support program, when applicable;
  • your driving history;
  • your current residency; and
  • other matters relevant to the Secretary of State’s reinstatement requirements.

The application should be treated as a driver’s license reinstatement proceeding, not simply as a form asking Illinois to “release a hold.”

Should I Just Fill Out the Illinois Out-of-State Application Myself?

While you are not required to have an attorney represent you, it is often worthwhile. but an important consideration is determining whether the application and supporting documentation accurately address your entire driving and alcohol/drug history before anything is submitted.

A denial can result from more than simply being legally ineligible. Problems can arise from incomplete documentation, inconsistencies between an evaluation and the applicant’s history, unreported out-of-state offenses, discrepancies concerning alcohol or drug use, or evidence that does not satisfy the Secretary of State’s requirements.

For someone who has waited years to obtain a driver’s license, discovering these problems only after receiving a denial can cause significant additional delay.

An experienced Illinois driver’s license reinstatement attorney can review the underlying record and documentation before the application is submitted.

What If Illinois Says I Have a Lifetime Revocation?

Lifetime revocations require special attention. Illinois currently provides a separate procedure for certain non-Illinois residents seeking termination of a lifetime revocation.

Under current Illinois Secretary of State procedures, an eligible out-of-state petitioner with a lifetime revocation must have an in-person formal hearing in Illinois and satisfy additional requirements.

Among other requirements, at least 10 years must have elapsed since the most recent revocation, and the petitioner must satisfy the applicable alcohol-related requirements.

A lifetime revocation should therefore not be treated like a standard out-of-state reinstatement application.

Can I Get a “Clearance Letter” From Illinois?

This is another source of confusion. Illinois stopped issuing traditional driver’s license clearance letters years ago.

The Illinois Secretary of State advises that states should instead perform record checks through PDPS. If another state’s licensing authority nevertheless requests written evidence of the status of your Illinois driving privileges, the Secretary of State indicates that you may obtain a copy of your Illinois driving record.

Therefore, the solution to an active Illinois revocation usually is not simply obtaining a clearance letter. The underlying Illinois licensing problem generally must be resolved.

I Already Have a Driver’s License in Another State. Does That Mean My Illinois Revocation Is Gone?

No. Obtaining a license from another state does not necessarily terminate an Illinois revocation.

The Illinois Secretary of State specifically warns nonresidents that even if another state issues them a driver’s license, they are not permitted to drive in Illinois while their Illinois driving privileges remain revoked.

Illinois driving privileges remain revoked until the applicable Illinois reinstatement requirements have been satisfied. This can become particularly important for someone who travels to Illinois for business, family, or other reasons.

How Do I Find Out What Illinois Is Reporting?

Before trying to fix the problem, determine exactly what the problem is.

That may involve reviewing:

  1. your Illinois driving record;
  2. the Illinois suspension or revocation entries;
  3. the underlying Illinois court cases;
  4. your PDPS history;
  5. DUI or alcohol/drug offenses from other states; and
  6. any previous Illinois Secretary of State hearing or reinstatement records.

A driver’s recollection of a 15 or 20 year old case is understandably not always the same as what appears in the official records. For reinstatement purposes, the records matter.

What Should I Do If Another State Says Illinois Is Blocking My License?

If you are told that an Illinois problem is preventing you from obtaining a driver’s license, a good starting point is:

  1. Do not assume the issue will disappear with time.
  2. Determine exactly what Illinois is reporting.
  3. Obtain and review your Illinois driving record.
  4. Identify whether the problem is a suspension, revocation, lifetime revocation, or another action.
  5. Determine whether the underlying revocation or suspension period has ended.
  6. Identify the Illinois reinstatement requirements that apply to your particular record.
  7. Determine whether you qualify to use Illinois’ out-of-state resident reinstatement procedure.
  8. Prepare the required evidence before submitting your application.

If the problem involves an old DUI or multiple alcohol-related offenses, it is particularly important to determine the applicable requirements before obtaining evaluations or treatment documentation. Errors or inconsistencies in those documents can create problems later in the reinstatement process.

Can an Illinois Driver’s License Reinstatement Attorney Help If I Live in Another State?

Yes. You do not need to currently live in Illinois to hire an Illinois attorney to address an Illinois driver’s license revocation or suspension.

In fact, out-of-state cases are an important part of driver’s license reinstatement practice because former Illinois residents frequently discover these problems only after attempting to obtain a license elsewhere.

An attorney experienced in Illinois Secretary of State reinstatement matters can help:

  • obtain and analyze your Illinois driving record;
  • identify why Illinois is preventing you from obtaining driving privileges;
  • determine whether you are eligible for reinstatement;
  • identify the correct out-of-state procedure;
  • review DUI and alcohol/drug histories from Illinois and other states;
  • identify the evaluations, treatment records and other documentation you need;
  • review your documentation for potential inconsistencies before submission;
  • prepare your out-of-state reinstatement application; and
  • represent you in an Illinois Secretary of State hearing when a hearing is required.

The objective is not merely to fill out paperwork. It is to identify the reason Illinois is blocking your license and develop the appropriate strategy to clear the problem.

Illinois Is Preventing You From Getting a License in Another State? The Davis Law Group, P.C. Can Help.

If you live outside Illinois and have been told that an old Illinois suspension, revocation, DUI, or driver’s license “hold” is preventing you from obtaining or renewing a license in your current state, The Davis Law Group, P.C. can help determine what Illinois requires to clear your driving privileges.

Our Illinois driver’s license reinstatement attorneys represent former Illinois residents throughout the United States in Secretary of State reinstatement matters, including cases involving old DUI revocations, multiple DUI offenses, PDPS problems, out-of-state reinstatement applications, and lifetime revocations.

Many clients contact us after going to their local DMV and unexpectedly learning that an Illinois case from years or even decades ago is preventing them from getting a license.

You do not necessarily have to move back to Illinois or even return to Illinois to resolve the problem.

Call The Davis Law Group, P.C. at (847) 390-8500 or reach out through our contact form for a consultation regarding an Illinois driver’s license suspension or revocation that is preventing you from obtaining driving privileges in another state.

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