Individuals convicted of DUI often ask our license reinstatement attorneys when they will be eligible to obtain their full driving privileges. This question has become more and more complicated due to changes that have occurred in Illinois law over the last several years.
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.
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.