DUI Driver’s License Reinstatement

Illinois DUI Driver’s License Reinstatement

At the time of writing this – the Law Office of Paul Marriett has obtained reinstatement for our last fifty clients in a row at either formal or informal proceedings with our Illinois Secretary of State and we have helped hundreds of people either as their direct attorney, or in consulting with them on how best to prepare for their hearing alone over the last twelve years.

While many people will see this in Rockford and around Northern Illinois, it is important to note that we can assist someone with this kind of a case anywhere within, or outside of Illinois. Many people think that when their DUI case is over, they simply go back to living life like how it was before the arrest. While that may be true on a first offense DUI within Illinois, or on a DUI case beaten at trial, or amended to a reckless driving or other non-DUI related traffic offense by a prosecutor, it is NOT the case if a conviction enters from any jurisdiction.

In Illinois the statute governing formal and informal license reinstatement hearings for DUI revoked drivers can be found in the Illinois Compiled Statutes (ILCS) under the Illinois Vehicle Code. Specifically, the relevant sections are 625 ILCS 5/2-118, and 625 ILCS 5/6-208. Section 2-118 outlines the process for requesting a formal hearing, including a filing fee, the location of the hearing, and relevant notice requirements. Section 6-208 discusses the grounds for suspension or revocation of licenses and permits, as well as the conditions for reinstating a driver’s license after revocation due to a DUI.

Here are some examples of who is most often surprised about how a DUI conviction impacts their driving privileges:

An Illinois motorist who is arrested for a DUI outside of Illinois while traveling for work or pleasure. The client may receive minimal, if any real punishment but if the jurisdiction they’re visiting does not offer a deferred judgment (and sometimes even if they do), or if they do end up with a conviction of the DUI as a felony, misdemeanor, or simple traffic offense (many Wisconsin based DUI cases). This jurisdiction will send notice of the DUI conviction or other sentencing information to the Illinois Secretary of State and then a determination will be made that will either result in no action being taken against the client driver’s license, or a revocation will enter for a minimum period of at least 12 months. It is important to note that unlike some other jurisdictions, in Illinois the primary difference between a license suspension, and a revocation is that a suspension is for a finite period, yes there may be a reinstatement fee to be paid but you are guaranteed to get your driving privileges back at some future date. Whereas in a revocation situation, we have helped people who have not had a driver’s license for 10, 15, 25, 35, and even 40+ years. In Illinois under the above listed statutes, the burden is ALWAYS on the motorist to prove that they can be a safe and responsible driver if their privileges are reinstated.

A motorist who has had a prior reckless driving offense, that is later arrested for a DUI in Illinois. Because 730 ILCS 5/5-6-1 Sec. d (3) indicates that if someone has plead guilty, or stipulated to a finding of guilt in violation of 625 ILCS 5/11-503 or to a similar provision of a local ordinance or similar law or ordinance in a different state, and it was the result of a plea agreement. This client is barred from receiving a court supervision on a future DUI to avoid the conviction. *Unless someone went to a full trial and was found guilty by a Judge in the prior reckless driving related case, that person would be unable to obtain a court supervision/deferred judgment for a first offense DUI in Illinois. With a conviction entering on a DUI in this situation, they would ultimately have to go through a reinstatement hearing to regain their driving privileges.

A motorist who plead guilty or was found guilty at trial and sentenced to court supervision on a first offense DUI. This potential client may have messed up the terms of their court supervision and because of that the prosecution filed a petition to terminate their court supervision for failure to live up to the sentence. When the sentence is changed to a conviction, it results in a license revocation entering from the Secretary of State. This client would need to go through a reinstatement hearing to regain their driving privileges.

A motorist who received two or more DUI’s in their lifetime. While their first case may have been resolved through court supervision, a future DUI offense in Illinois, at ANY TIME, if convicted, and/or found guilty at trial a license revocation will follow. Commonly second or greater offenses will require a formal hearing at a Secretary of State facility in Chicago, Joliet, Springfield, or Mt. Vernon.

A motorist who is caught with a second or greater DUI in their driving history many years in the future. While there is a handshake agreement for most jurisdictions to share information on driver’s licensing history, not every state keeps detailed records. Additionally, some people as they move to various jurisdictions if they stay long enough and they relocate again a driver’s motor vehicle report, or “driving abstract” can be “washed”. Meaning that prior, serious, and less serious driving infractions can be removed from a driving record due to the simple passage of time. We’ve had people who were caught in random driving history audits from 10+ years ago uncover that there had been a second or greater DUI from outside of Illinois, and our Secretary of State had moved forward with a revocation leaving the motorist less than 21 days to try and keep their employment, and day to day schedule intact enough to survive for enough time for us to get the client in to a formal reinstatement hearing.

Necessary Steps for an In-State Resident’s License Reinstatement Case

Generally, a client will need to have a few things to sit for a hearing:

  • An updated Court Purposes Driving Abstract from the IL DMV.
  • An updated alcohol evaluation from their treatment provider with a treatment needs assessment (with or without a waiver of further treatment).An updated proof of treatment possibly with a continuing care status report.
  • Possibly a chronological alcohol/drug usage history document
  • Possibly letters of a support system, and/or abstinence verifications
  • Possible medical documentation that certain prescription medications, or medicinal cannabis will not impair or impede your ability to operate a motor vehicle from a treating physician.
  • Possibly more documentation – each case is different.

It is important to note that at a hearing you will be asked a minimum of 50+ questions. We have done this enough that dependent on your background you will have each question that will be asked at your hearing written out, with your specific answer based on your evaluation and usage history. Not only will you go into the hearing armed with 100% of the information necessary to regain your driving privileges but you will understand problem areas of your case, and how to address specific questions that the Secretary of State’s lawyer may raise during your hearing. We have never left a hearing where a client was asked a question that we have not previously prepared for.

First time DUI conviction reinstatement petitioners generally need the following to obtain driving relief:

  • A complete drug and alcohol evaluation dated within the last six months.
  • Complete all recommended treatment + get the treatment waiver/and or proof of completed treatment with a completed treatment needs assessment (if required).
  • Provide proof of abstinence if required by your evaluator.
  • Have an informal hearing with the Secretary of State
  • If successful and approved for reinstatement, pay a reinstatement fee, and pass any written or driving tests if required separate and apart from the reinstatement.

Second time DUI conviction reinstatement petitioners generally need the following to obtain driving relief:

  • A complete drug and alcohol evaluation dated within the last six months.
  • Complete all recommended treatment + get the treatment waiver/and or proof of completed treatment with a completed treatment needs assessment (if required).
  • Provide proof of abstinence if required by your evaluator. May need supporting documentation such as affidavits or live witness testimony in some cases.
  • Have a formal hearing with the Secretary of State
  • May be required to have an RDP (Restricted Driving Permit) for 9-12 months prior to a full reinstatement to ensure compliance with being a safe and responsible motorist. This permit is like the MDDP or Monitoring Device Driving Permit some people are issued while their DUI case is pending in court. This typically allows someone to drive their vehicle with a BAIID (breath alcohol ignition interlock device) wherever and whenever they want, so long as the device is in their car. This is slightly modified as an RDP because the Secretary of State generally issues the permit for a 6 day a week “live” period, with a range around your residence of 200 miles.
  • If successful and approved for reinstatement, pay a reinstatement fee.
  • Pass any written or driving tests if required separate and apart from the reinstatement.

Third time DUI conviction reinstatement petitioners generally need the following to obtain driving relief:

  • A complete drug and alcohol evaluation dated within the last six months.
  • Complete all recommended treatment + get the treatment waiver/and or proof of completed treatment with a completed treatment needs assessment (if required).
  • Provide proof of abstinence. Will need supporting documentation such as affidavits or live witness testimony in some cases as this amount of DUI Convictions will result in a client being placed in a high-risk classification for reinstatement and treatment purposes.
  • Have at least a one-year period of sobriety before having the hearing.
  • Have a formal hearing with the Secretary of State
  • May be required to have an RDP (Restricted Driving Permit) for 9-12 months prior to a full reinstatement to ensure compliance with being a safe and responsible motorist. This permit is like the MDDP or Monitoring Device Driving Permit some people are issued while their DUI case is pending in court. This typically allows someone to drive their vehicle with a BAIID (breath alcohol ignition interlock device) wherever and whenever they want, so long as the device is in their car. This is slightly modified as an RDP because the Secretary of State generally issues the permit for a 6 day a week “live” period, with a range around your residence of 200 miles.
  • If successful and approved for reinstatement, pay a reinstatement fee, and pass any written or driving tests if required separate and apart from the reinstatement.

Fourth time DUI conviction reinstatement petitioners generally need the following to obtain driving relief:

  • A complete drug and alcohol evaluation dated within the last six months.
  • Complete all recommended treatment + get the treatment waiver/and or proof of completed treatment with a completed treatment needs assessment (if required).
  • Provide proof of abstinence. Will need supporting documentation such as affidavits or live witness testimony in some cases as this amount of DUI Convictions will result in a client being placed in a high-risk classification for reinstatement and treatment purposes.
  • Have at least a one-year period of sobriety before having the hearing.
  • Have a formal hearing with the Secretary of State
  • Only able to obtain an RDP (Restricted Driving Permit) for 9-12 months prior to a full reinstatement to ensure compliance with being a safe and responsible motorist. This permit is like the MDDP or Monitoring Device Driving Permit some people are issued while their DUI case is pending in court. This typically allows someone to drive their vehicle with a BAIID (breath alcohol ignition interlock device) wherever and whenever they want, so long as the device is in their car. This is slightly modified as an RDP because the Secretary of State generally issues the permit for a 6 day a week “live” period, with a range around your residence of 200 miles.
  • If successful and approved for a restricted driving permit, pay a reinstatement fee, and pass any written or driving tests if required separate and apart from the reinstatement.

Fifth or greater DUI conviction reinstatement petitioners generally need the following to obtain driving relief:

Illinois generally issues a lifetime revocation for anyone convicted of a fifth or greater DUI offense. Reinstatement is not an option in these cases generally.

Necessary Steps for an Out of State Resident’s DUI License Reinstatement Hearing

If you or a loved one had a conviction for a DUI related case in Illinois that is now causing problems for their driving privileges at home, our office can help. Generally, this form needs filled out from the Illinois Secretary of State. While it is referred to as an “out of state motorist packet”, we can assist with preparing and filing this material as it may be helpful to do treatment within Illinois on Zoom, and to use our local network of providers to ensure that every portion of the reinstatement packet is completed according to the Illinois Secretary of State’s preference(s).

It is easy to see that the issue(s) associated with reinstating an Illinois Driver’s License or clearing a hold for an out of state motorist’s DUI conviction within Illinois are complex. If you or a loved one is struggling with what to do next, and how to fix their driving privileges, we offer consultations for ALL Illinois Driver’s License reinstatement matters. Please be aware that while general criminal defense, and personal injury related cases have a free consultation in our office, we are unable to provide meaningful consultations for free in relation to license reinstatement cases. Primarily because to give anyone an accurate idea of what they need to do, or fix, to have a successful hearing we will need to review numerous documents including evaluations, sentencing orders, driving abstracts/records, as well as do a full work sheet with the potential client to best advise them.

Contact A DUI Driver’s License Reinstatement Attorney in Illinois

For help with your reinstatement case, feel free to call or text Paul directly at 815-391-0089, or reach us 24/7/365 at paul@marriettlegal.com for assistance. We look forward to getting you back on the road.

Rockford DUI lawyer Paul M. Marriett has handled thousands of criminal defense law cases. We defend the accused against all types of DUI / DWI accusations and charges – experience and results matter – call TODAY for help and a FREE CONSULTATION!

 

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