Ionic columns
BBB
Justia Lawyer Rating for Brandon K. Davis
Avvo Rating
National College for DUI Defense
Illinois State Bar Association

License Reinstatement FAQs

What is the difference between a suspension and revocation?

A suspension is the temporary loss of driving privileges for a specified period of time. At the end of the period of suspension a person is automatically reinstated upon payment of the required reinstatement fee. A revocation is the indefinite loss of driving privileges. There is no ‘automatic’ reinstatement after the period of revocation ends. Instead, a person becomes 'eligible' for reinstatement and cannot drive until first appearing at a hearing before the Secretary of State and being granted driving privileges.

Certain offenses may result in a suspension while more serious offenses may result in a revocation. Examples of offenses which will result in a suspension:

  1. 3 or more minor moving violations within a 12 month period for drivers 21 years of age or older;
  2. 2 or more minor moving violations within a 24 month period for drivers under the age of 21;
  3. Possession of a driver’s license or ID card belonging to another;
  4. Fleeing and eluding a police officer;
  5. Leaving the scene of an accident where property damage exceeds $1,000.00;
  6. 2 convictions for illegal transportation of open liquor within a period of 1 year;
  7. Violation of driver’s license classification (e.g., operating a motor cycle without proper license classification);
  8. Possession of a controlled substance, cannabis or methamphetamine while operating or in physical control of a motor vehicle.

Examples of offenses which will result in revocation:

  1. Conviction of DUI;
  2. Leaving the scene of an accident resulting in death or personal injury;
  3. Drag racing;
  4. Aggravated fleeing and eluding a police officer involving speeding 21 miles per hour or over the limit, property damage of $300.00 or more; disobedience of 2 or more traffic control devices;
  5. 2 convictions for illegal transportation of open liquor where the person is under age 21;
  6. Any felony involving the use of a motor vehicle.

Note: These are only examples and not complete lists of offenses which may cause a suspension or revocation.

What type of hearing will I need to get driving privileges?

The Secretary of State conducts 2 types of hearings: formal and informal hearings. Generally, formal hearings are required when:

  • The person has more than one suspension or revocation arising out of more than one DUI.
  • The basis for the revocation is from an offense involving a death.
  • The person is seeking a modification or rescission of an order or revocation or suspension.
  • An out-of-state application for reinstatement.
  • The person has had a Monitored Device Driving Permit (MDDP) cancelled and now wishes to be considered for issuance of a Restricted Driving Permit (RDP).

How difficult is it to get my license back after a DUI conviction?

The rules of the Secretary of State’s office are complicated and high rates of applications are denied. It is highly recommended that anyone seeking to obtain driving privileges after a revocation, particularly for DUI seek professional legal help. The Secretary of State will not grant any driving privileges unless and until it is satisfied that you are not a risk to the public safety. The burden of proving this is on you by means of a hearing. In other words, the State does not have to prove that you are a risk; rather you must demonstrate to the satisfaction of the State that you are not a risk. This is an extremely difficult burden for most people to meet, particularly those who have been arrested for multiple DUIs.

If I am revoked for DUI, what is the minimum period of time that I will be revoked for and how long do I have to wait before I can apply for driving privileges?

The minimum length of revocation depends on the number of DUI convictions on your Illinois driving record:

  • One DUI conviction will result in a minimum 1-year revocation.
  • Two DUI convictions will result in a minimum 5-year revocation if the offenses occurred within a 20-year period. If the offenses occurred outside of a 20-year period, a minimum 1-year revocation will be imposed.
  • Three DUI convictions, regardless of when they occurred, will result in a minimum 10-year revocation.
  • Four or more DUI convictions will result in a lifetime revocation.

Under changes in the law effective 1/1/16, a person can apply for driving relief immediately following the entry of an order of revocation. Attorney Larry Davis was a co-drafter of this legislation. Furthermore, persons with lifetime revocations who are Illinois residents can apply for driving privileges beginning 5-years from the date of the last order revocation or release from incarceration, whichever is longer. Persons with a lifetime revocation who are out-of-state residents can apply 10-years from the date of the last order of revocation.

(Note: Out-of-state DUIs will not count towards the minimum period of revocation, unless also on the Illinois driving record, with the exception of DUIs counted towards a lifetime revocation.)

Also, please remember that these are minimum periods and that generally a revocation continues indefinitely until the Secretary of State grants reinstatement following an administrative hearing.

How difficult is it to get driving privileges after a suspension or revocation for multiple moving violations or other non-DUI offenses?

Just as in the case of a revocation for a DUI, the procedures followed by the Secretary of State are extremely technical and complicated. The first step is to determine whether a solution short of a hearing may be possible. Typically this will involve your attorney looking at each moving violation conviction that is the basis for the suspension or revocation and determining whether it is possible to reopen the case and having the offense(s) removed from the driving record which would also result in removal of the suspension or revocation.

In the event this is not feasible, then a hearing would be required. The standard for determining whether relief should be granted is the same as in any other case, that is whether you are a risk to the public safety. The Davis Law Group, P.C. is experienced in what is necessary to be shown to obtain a favorable decision and will guide you as to the exact steps to be followed.

How do I prove that I am not a risk to the public safety?

During a driver's license hearing, the Secretary of State’s office considers several factors in the case of a DUI offender in determining if he or she is a risk. For example, the State will consider an alcohol/drug evaluation and any treatment documentation completed by a State-licensed program, character reference letters as well as your testimony before a Secretary of State hearing officer.

The evaluation and your testimony will address issues such as the facts and circumstances of your DUI arrest(s) including why you were stopped, how much you drank, your perception as to whether you were intoxicated, the results of any alcohol/drug breath, blood or urine test(s), your alcohol/drug use history, the reasons why you would typically drink or use drugs in the past and whether your treatment adequately addressed any underlying reasons for alcohol and/or drug abuse.

What are the different risk classifications?

Individuals must be placed within one of the five risk classifications that the Division of Alcoholism and Substance Abuse (DASA) has created before applying for a driving permit or license reinstatement through the Illinois Secretary of State. The different classifications generally defined are as follows:

Minimal Risk

The only individuals who can be classified as Minimal Risk are those who have no prior conviction or court-ordered supervision for DUI, no prior statutory summary suspension, and no prior reckless driving conviction reduced from DUI. Also, the individual must have had a BAC of less than .15 as a result of the arrest for DUI. Also, the individual must have no other symptoms of substance abuse or dependence which would require a higher classification. Individuals classified as Minimal Risk are usually eligible for an informal hearing with the Illinois Secretary of State (with certain exceptions). A minimum of ten [10] hours of DASA defined DUI Risk Education are required. These ten hours must be divided between at least four sessions with each session consisting of two and one-half hours each.

Moderate Risk

Individuals classified as Moderate Risk must have no prior conviction or court-ordered supervision for DUI, no prior statutory summary suspension, and no prior reckless driving conviction reduced from DUI. The BAC of this individual must be between .15 and .19, inclusive, or a refusal of chemical testing as a result of the arrest for DUI. Also, the individual must have no other symptoms of substance abuse or dependence which would require a higher classification. A minimum of ten hours of DASA defined DUI Risk Education is required. These ten hours must be divided between at least four sessions with each session consisting of two and one-half hours each. In addition, the individual must complete twelve [12] hours of early intervention.

Significant Risk

Individuals classified as Significant Risk must have no more than one prior conviction or court-ordered supervision for DUI, one prior statutory summary suspension, or one prior reckless driving conviction reduced from DUI. Individuals with only one DUI but who have a BAC of .20 or higher as a result of the most current DUI arrest and/or other sufficient symptoms of substance abuse must be classified at minimum as Significant Risk. Significant Risk individuals must have twenty [20] hours of alcohol and/or drug treatment in addition to any recommended continuing care services. They must also complete risk education.

High Risk (Dependent or Non-Dependent)

High Risk Dependent

Individuals classified as High Risk Dependent must have symptoms of substance dependence regardless of their driving record and/or those whose last three DUI dispositions resulting from separate incidents occurred within a ten [10] year period prior to the date of the most current arrest but are not otherwise dependent on alcohol and/or drugs.

High Risk Dependent individuals must successfully complete a minimum of seventy-five [75] hours of dependency treatment and upon completion of any and all necessary treatment and after discharge, have active ongoing participation in all activities specified in the continuing care plan.

High Risk Non-dependent

High Risk Non-dependent individuals are those whose last three DUI dispositions resulting from separate incidents (i.e. any combination of DUI convictions or court-ordered supervisions, prior statutory summary suspensions, or prior reckless driving convictions reduced from DUI) occurred within a ten [10] year period prior to the date of the most current arrest but are not otherwise dependent on alcohol and/or drugs.

High Risk Non-dependent individuals must successfully complete a minimum of seventy-five [75] hours of substance abuse treatment and upon completion of any and all necessary treatment and after discharge, have active ongoing participation in all activities specified in the continuing care plan.

* Note that a person who has sufficient symptoms indicating alcohol and/or drug dependency will be placed at a High Risk Dependent classification even if they would otherwise be eligible for a lower classification based on their arrest history or BAC levels.

What do I do if I was never required by the court to complete treatment for my DUI or I was unable to complete treatment?

Under the rules of the Secretary of State’s office anyone classified as Significant Risk or High Risk is required to complete certain treatment requirements in order to apply for driving relief.

Many people fail to complete treatment for a variety of reasons (i.e. the court never required it or financial hardship). Some individuals completed treatment but no longer have the required treatment documentation and the program they went to no longer has copies or has since closed.

The question then arises, do I have to go to treatment even though it has been years since my DUI arrest? The answer may be no.

Under the Secretary of State rules, a person may be eligible to obtain a treatment waiver (also known as a treatment needs assessment), which will avoid the need to go to treatment. Usually, these are situations where a number of years has passed since the DUI arrest, the person has maintained a non-problematic substance use pattern and has made accompanying substantial lifestyle changes. In those cases, the treatment provider may consider a treatment waiver.

Please note that for minimal, moderate and significant risk persons, the 10-hour risk education requirement cannot be waived.

Why could the Secretary of State deny me driving relief?

The Secretary of State has adopted technical and complex rules which they use in granting or denying driving privileges. The failure to comply with any of these rules may result in a denial of your application. Many of these hearings are adversarial, in other words, contested. At a formal hearing, you are placed under oath and subject to cross-examination by an attorney representative of the Secretary of State’s office and further subject to questioning by a hearing officer. You may be denied if your testimony does not satisfy the hearing officer or is inconsistent with the information contained in your alcohol/drug evaluation, for example with respect to the facts and circumstances of your DUI arrest or your alcohol/drug use history.

You may also be denied even if your testimony is consistent with the alcohol/drug evaluation and other documentation you present to the hearing officer, but the hearing officer believes that the information is not consistent with your arrest history, results of any chemical tests (i.e., breath test, etc.) or other information.

How long does it take to get a hearing and a decision on my application?

This depends, in part, on what type of hearing you are required to have. The Secretary of State’s rules provide for 2 types of hearings: formal and informal. If you have more than one statutory summary suspension (for failing or refusing a breath, blood or urine test) or DUI conviction arising out separate DUI offenses you must have a formal hearing. You must also have a formal hearing if the offense involved a death or if you seek a modification or rescission of your suspension or revocation.

The law provides that the Secretary of State must schedule a formal hearing to be held within 90 days of the request for hearing and the decision must be issued within 90 days of the hearing date. If you are eligible for an informal hearing, you do not need to request a hearing and can simply go to a local Secretary of State facility and have a hearing, without an appointment. A decision will generally be issued within 90 days of the hearing.

Will I get my full license back or do I have to drive on a hardship license first?

If you are successful at your hearing, and even if you are eligible to be considered for full reinstatement, under Secretary of State rules, you may first be granted a restricted driving permit (‘RDP’), commonly known as a ‘hardship license’. There are generally 6 types of hardship permits: work, medical, support group, child care, elder care and educational. The Secretary of State utilizes hardship relief as a type of probationary permit. Under the rules, you are required to drive on the permit for at least 75% of the time for which it is issued before you can be considered for full reinstatement or further driving privileges. Since, in most cases, the permit is issued for 12 months, you must drive on it for 9 months before you are eligible for another hearing.

Note that after driving successfully on a permit, reinstatement is still not automatic. You must still first have another hearing before the Secretary of State.

Will I have to have a Breath Alcohol Ignition Interlock Device (‘BAIID’) installed on my vehicle?

If you have received any combination of 2 or more suspensions or revocations which arise out of separate DUI arrests you must have a BAIID device installed on your vehicle. There are certain limited exemptions to the BAIID requirement which are generally related to persons who drive employer owned or leased vehicles.

Note that, with certain short-term exceptions for drivers with multiple DUI convictions, once you are reinstated, you are not required to have a BAIID device.

The Breath Alcohol Ignition Interlock Device is used to prevent drivers from driving while intoxicated. This device requires that the driver blow into the device before the vehicle can be started. The BAIID also randomly asks for breath samples while the vehicle is in use.

Do I need to have a lawyer represent me?

You have the right to an attorney but are not required to have a lawyer represent you as you go through the hearing process. However, it is highly recommended that you have legal counsel who is experienced and concentrates in this area of the law.

The attorneys at The Davis Law Group, P.C. will not only represent you at the actual hearing but, even more importantly, we will guide you through this entire process from the first time we meet with you.

We will obtain and review your driving record, arrest history, your complete alcohol/drug use history, and (if applicable) obtain and review all of your prior hearing records. We will only agree to represent you if, in our professional opinion, we believe that we can obtain a successful result in your case. If we believe that you will not be successful before the Secretary of State, we will provide you with specific steps to take first.

If we agree to proceed, we will provide you with detailed written instructions as to the specific steps to follow in order to prepare for your hearing. Any questions you have will be answered promptly and accurately. We will review all of your documents prior to your hearing and make certain that they meet Secretary of State requirements. We will directly address any issues or potential problems with your evaluator or treatment provider and make sure they are resolved prior to your hearing.

We will meet with you again, prior to your hearing date to prepare you for your hearing and, of course, be with you at the hearing.

How much will it cost to have an attorney represent me?

At The Davis Law Group, P.C. we are well-aware that the cost of legal services are of paramount concern to our clients and we do our best to maintain fees that are fair and reasonable. Generally, and most importantly, the attorneys at The Davis Law Group, P.C. will not accept representation unless we believe there is a strong likelihood of obtaining a favorable decision in a case. While we cannot guarantee a result in any case, we can guarantee you that we will not take any matter before the Secretary of State unless, in our experience, the chances of a favorable outcome justify our involvement.

In those rare cases, where we cannot be of assistance we will provide you with an explanation as to why and what steps, if any, you should take prior to proceeding in order to enhance your ultimate chances of success.

If we believe we can be of assistance to you then fees are based upon the complexity of the case including such factors as the number of DUIs or other alcohol-related offenses; seriousness of non-alcohol-related offenses; other criminal history, prior denials of requests for relief, etc. After a full consultation, we will be able to quote you a fee for our legal services prior to proceeding with our representation.

If I have already had a hearing and have been denied, can a lawyer still help me?

Absolutely. As your attorneys, The Davis Law Group, P.C. will obtain all of your prior hearing records and determine what specific issues need to be addressed. We will then ensure these issues are addressed by your evaluator and treatment provider. Then, as in all other cases, we will prepare you for and represent you at your hearing.

Where will my hearing be held?

Where your hearing is held will be determined on a case-by-case basis. Typically, our office conducts Secretary of State hearings at the Chicago and Joliet facilities.

The Chicago (Elston) facility is located at:

5401 N. Elston Avenue
Chicago, IL 60630-1479

The Joliet facility is located at:

54 N. Ottawa Street
4th Floor
Joliet, IL 60436-1080

Related Articles

Representing the Revoked or Suspended Driver Before the Office of the Secretary of State

Representing Revoked or Suspended Drivers Before The Secretary of State

Main Office

View Larger Map

Chicago Office

View Larger Map
Client Reviews
★★★★★
I wanted to let you know that I finally got my license back today. I want to thank you guys from the bottom of my heart. You did an amazing job and helped another person turn their life around. I will forever be indebted. Rest assured that I will refer anybody that I hear is in trouble to you guys. Thank you again. All the best. M.M.
★★★★★
I want to extend my sincere gratitude for the success in getting my charges reduced. It has been a rather traumatic experience for me. Though I try to keep an optimistic outlook, it didn't seem possible. But you guys pulled it off and I couldn't be more grateful. This has been a great weight lifted off my shoulders. D.F.
★★★★★
I would like to take this time to thank you for a job well done. I received my full reinstatement documents today for full driving privileges. This took me by surprise. I did not expect to see the results this fast. I just want to say that I am blessed to have a very good lawyer like yourself to guide me through the process... I am very grateful. You're the best. Thanks again. G.B.
★★★★★
My special thanks for your help, guidance, and support during a most difficult time. You came recommended as "the best" and you lived up to your reputation! I wish you a lovely holiday season and a new year of challenges overcome, new joys experienced, and much fulfillment realized. All good thoughts your way. S.S.
★★★★★
I am very grateful for your work and representation. Although it is difficult for me to truly express my gratitude through e-mail, I hope you can still understand how thankful I am that we were able to dismiss my case on the first court date. I am very pleased with the outcome. Again, thank you very much for your time. Please enjoy the rest of your week. D.K.