Illinois Secretary of State Formal Hearings for Multiple DUI Revocations

If your Illinois driving privileges were revoked for two or more DUIs, or for an offense involving a fatality, the only path back to driving runs through a formal hearing before the Illinois Secretary of State. A formal hearing is a contested, on-the-record proceeding. You testify under oath, a Secretary of State attorney cross-examines you, and a hearing officer decides whether you have proven you are a safe risk to drive again.

The Davis Law Group, P.C. has represented drivers at Secretary of State hearings for decades. Our founder, Larry A. Davis, is a former attorney and hearing officer with the Illinois Secretary of State. He has also represented the Illinois State Bar Association in negotiating the statutes and administrative rules that govern these hearings. That experience lets us prepare every client knowing how the other side of the table evaluates a case.

Call (847) 390-8500 for a free consultation, 24/7

Who Needs a Formal Hearing?

The Secretary of State requires a formal hearing if your suspension or revocation involves:

• Two or more DUI dispositions
• An offense involving a fatality
• A lifetime revocation
• Renewal of a Restricted Driving Permit after one or more BAIID violations

These are the most common reasons, and the list is not exhaustive. A single DUI, and suspensions for lesser moving violations, usually go to an informal hearing instead. If you have two or more alcohol or drug related incidents and want a Restricted Driving Permit (RDP), that request also goes through a formal hearing. Not sure which hearing applies to you? We can review your driving record and tell you.

How to Request a Formal Hearing

• Mail a Formal Hearing Request (Secretary of State form DAH H 12). Faxed and emailed requests are not accepted.
• Include the $50 filing fee paid to the Secretary of State. It is non-refundable and payable by check or money order. This State fee is separate from our legal fee.
• Watch for your Notice of Hearing. The Secretary of State schedules the hearing and sends the date, time and place by mail, or by email if you gave one on the form.

We handle the request for our clients and time it so your evaluation and letters are current on the hearing date.

Where Are Formal Hearings Held?

• Chicago: 17 N. State St., Suite 1200, Chicago, IL 60602
• Joliet: 54 N. Ottawa St., Fourth Floor, Joliet, IL 60432
• Springfield: 2701 S. Dirksen Parkway, Room 103, Springfield, IL 62723
• Mt. Vernon: 218 S. 12th St., Mt. Vernon, IL 62864
• Virtually, by Microsoft Teams, on request

Virtual Teams hearings mean you may not need to travel, which especially helps if you live far from Chicago or Joliet, or out of state. The vast majority of the hearings we handle for clients are virtual. On behalf of the Illinois State Bar Association, The Davis Law Group, P.C. advised the Secretary of State on the design of the virtual hearing program and was commended by Secretary of State Giannoulias for its assistance. Our clients generally find appearing remotely a much more relaxed experience than appearing in person.

What Evidence Matters at a Formal Hearing?

The Secretary of State’s evidence. At the start of the hearing, the hearing representative puts your file into evidence: your Illinois driving abstract, any out-of-state DUI arrests, arrest and accident reports, and the records of any earlier hearings.

Your evidence. Your case is built on documents, and many must be originals. We help you gather and review:

• Alcohol and drug evaluation, completed within 6 months of the hearing, and updated in person by the same program if needed
• Treatment documentation (or a treatment waiver) that matches your evaluation’s risk classification
• Risk education completion, where applicable
• Letters of support from family, friends, employers and support group contacts. They must be originals, signed and dated no more than 45 days before the hearing
• Proof of support group participation and abstinence, where applicable

Inconsistent documents, or documents that otherwise don’t meet Secretary of State requirements, are among the most common reasons for a denial. Before you testify, we compare every document to your record and to what you’ll say.

Free consultation: call (847) 390-8500, 24/7, or send us a message

What Questions Are Asked at a Formal Hearing?

The central question is whether you are a risk to public safety. Expect questions about:

• Each DUI arrest: when, how much you drank or used, why you were stopped, and any test results
• Your full driving and criminal record
• Your alcohol and drug use history, before and since your last arrest, and any symptoms of abuse or dependency
• Treatment, support groups and the lifestyle changes you have made
• For an RDP, where required, the hardship your loss of driving privileges causes

At the end, you may make a closing statement. We review your testimony with you, including the cross-examination to expect from the attorney representing the Secretary of State, so nothing on hearing day is a surprise.

When Will I Get a Decision?

You don’t get a ruling at the hearing. The hearing officer prepares a recommendation, and the Secretary of State issues a final decision. The law requires the Secretary of State to issue a decision within 90 days of your hearing. Depending on your record, relief may be a Restricted Driving Permit, often with a breath alcohol ignition interlock device (BAIID), or full reinstatement.

Important Rules Before Your Hearing

• Not ready? Withdraw in time. You can withdraw your request in writing at least 5 days before the hearing date. Talk to us before you do.
• Don’t miss it. If you don’t appear, the Secretary of State enters a default order denying relief.
• Bring an interpreter if needed. If you don’t speak English, you must bring your own interpreter. They can’t be connected to your evaluator, your treatment provider or your attorney.

What If I’m Denied?

A denial isn’t the end, but it stays in your file. You may file a new petition for a hearing to be set no earlier than 90 days after your most recent hearing, and the next hearing must address every issue the hearing officer raised. Formal hearing decisions can also be appealed to the circuit court under the Administrative Review Law, which has a 35-day deadline. Learn more: Denied by the Illinois Secretary of State? What to Do Next

How We Prepare You

• We review your driving abstract and any prior hearing records
• We work with your evaluator so the evaluation is accurate and current
• We check your letters and treatment records for gaps and inconsistencies
• We review your testimony and the cross-examination to expect, based on the facts of your case
• We represent you at the hearing, in person or virtually
• One flat legal fee covers your case, with flexible payment options

Talk to an Illinois Formal Hearing Lawyer

Formal hearings are governed by a complex set of statutes and administrative rules, and preparation plays a significant role in the outcome. If you have two or more DUI dispositions, an offense involving a fatality, or another reason you need a formal hearing, call The Davis Law Group, P.C. at (847) 390-8500, 24/7, or send us a message for a free consultation. We’ll review your record, explain what your hearing will require and quote you a flat legal fee for representation.