Until January 1, 2016, persons with any combination of 4 or more convictions for Driving Under the Influence (“DUI”), Leaving the Scene of an Accident Involving Death or Personal Injury or Reckless Homicide were prohibited from applying for reinstatement or a Restricted Driving Permit if the last arrest resulting in a conviction occurred on or after January 1, 1999. This included substantially similar offenses that occurred under an Illinois local ordinance, out-of-state or on a military installation.
This was commonly known as a lifetime revocation (or the “four strikes rule”) and meant that the person was not eligible for an administrative hearing before the Secretary of State to seek any form of driving relief including a Restricted Driving Permit or full driver’s license reinstatement.
Furthermore, if the person had moved to most other states, he or she would not be able to obtain a license in their home state due to the ‘block’ that Illinois had placed on their driving privileges.
Under a change in Illinois law, Illinois residents with a lifetime revocation are able to apply for a Restricted Driving Permit under certain conditions. The person will be able to apply for driving relief after a 5-year period of 'hard time' measured from the date of the last order of revocation or release from incarceration (imposed as a result from the most recent offense), whichever is later.
The person must demonstrate 3-years of abstinence from alcohol, the unlawful use or consumption of cannabis, a controlled substance under the Illinois Controlled Substances Act, an intoxicating compound under the Use of Intoxicating Compounds Act, or methamphetamine under the Methamphetamine Control and Community Protection Act, complete any treatment requirements, and otherwise meet all additional requirements of the Secretary of State. If granted driving relief, the person is required to use a BAIID device while driving. The new law still prohibits full reinstatement for Illinois residents.
The new law also prohibits driving privileges if the person has been convicted of more than one violation of DUI involving drugs or if a person is convicted of a third violation of Driving While Revoked if the license revocation was for the offense of Reckless Homicide or a similar out-of-state offense.
Under the new law, out-of-state residents are eligible to apply for full driver’s license reinstatement after a period of 10-years, measured from the date of the last order of revocation. These individuals must also comply with all Secretary of State requirements. After being granted reinstatement, if the person later reestablishes residency in Illinois, the revocation will be reinstated and the person will only be eligible for an RDP.
Regardless of whether the person is applying for a Restricted Driving Permit as an Illinois resident or full reinstatement as an out-of state resident, he or she must still have a hearing before the Illinois Secretary of State.
As a member of the legislative subcommittee for the Traffic Laws and Courts Section Council of the Illinois State Bar Association, Attorney Larry A. Davis drafted the legislation and led negotiations to change the lifetime revocation law and allow persons who have rehabilitated their lives, to obtain driving privileges.
On August 6, 2015, Public Act 099-0290 (House Bill 1446), sponsored by the Honorable Elaine Nekritz, a State Representative, was signed into law by the Governor, effective January 1, 2016.
The license reinstatement attorneys at The Davis Law Group, P.C. invite any person seeking driving privileges to contact us to discuss their case. You may submit your contact information using the convenient form on this page or call our office if you wish to arrange a consultation regarding your DUI revocation.