Out of State License Reinstatement Hearings FAQ

A non-resident/out-of-state packet (also known as an Out-of-State Resident Reinstatement Application) includes all of the documents that must be submitted to the Illinois Secretary of State by an individual residing outside of Illinois and seeking the reinstatement of driving privileges. This application serves the same purpose as an in-person hearing.

It is important to remember that the standards imposed by the Secretary of State in determining whether or not relief should be granted are the same as those required of persons appearing before a hearing officer in-person. As a result, anyone choosing to submit an out-of-state packet instead of personally appearing before a hearing officer is strongly encouraged to obtain the representation of a qualified and experienced license reinstatement attorney.

If your license or driving privileges are revoked in Illinois and you live out-of-state, you will generally still need to apply for reinstatement through the Illinois Secretary of State even if you have no plans to drive in Illinois in the future.

Typically, when you apply for a driver's license in the state where you currently reside, the Illinois revocation will be displayed in that state’s electronic system. In most cases, the Illinois license revocation will prevent the state where you currently reside from issuing you a license until you clear your revocation in Illinois. This procedure prevents you from circumventing the revocation by simply moving to another state in order to obtain a driver’s license in that new state.

Yes, you may reapply for driving privileges if you were previously denied, but it is essential to address the issues raised during the unsuccessful attempt properly. The attorneys at The Davis Law Group, P.C. have extensive experience helping clients who were previously denied driving privileges by the Secretary of State regain their driving privileges. We will obtain your prior Secretary of State application and other hearing documents, which will allow us to determine where the previous hearing went wrong and why you were denied driving privileges.

While reviewing the documents, we typically find that driving privileges were denied because of inconsistencies between your statements and other information obtained by the Secretary of State. We must clear up and properly address these inconsistencies as part of a new application.

Even for an old DUI, Illinois requires that an in-person hearing or an out-of-state application be completed in order to regain driving privileges. Many old out-of-state DUIs that were never reported to Illinois are now showing up years later because of the Problem Driver Pointer System (PDPS). This relatively new system is a national database that relays information between states on problem drivers.

If you have a license in the state where you currently reside, the database may reveal the revocation in Illinois and subject you to cancellation in your home state. This issue can arise during a simple license renewal even if you had been successfully issued a license by that state in the past. The “hold” from the Illinois Secretary of State must be cleared for you to renew your current driver’s license or obtain a new license in the state where you now reside. We will obtain the PDPS records in preparation for your Secretary of State hearing.

While you are not required to have a lawyer represent you in the out-of-state hearing process, it is highly recommended. Specifically, it is advisable to have legal counsel who is experienced and concentrates in this complex area of the law.

Our office will guide you through the entire process from start to finish. We will obtain and review your driving record and arrest history, complete alcohol/drug use history, and, if applicable, obtain and review all of your prior hearing records or denial orders. Our office 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 agree to proceed, we will provide you with detailed instructions as to the specific steps to follow. We will address any issues with your evaluator and verify they are resolved prior to submission. We will review all of your documentation prior to submission and make certain that they meet all Illinois Secretary of State requirements. All questions you have will be answered promptly and accurately.

If you are subject to the lifetime revocation law, because you have had 4 or more convictions for DUI, you will not be able to apply for an Illinois license. You will only be eligible to apply for a Restricted Driving Permit (RDP) through the administrative hearing process and you will be subject to Breath Alcohol Ignition Interlock Device (BAIID) requirements if you are successful.