Articles Posted in License Reinstatement

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Being properly prepared for a driver’s license hearing with the Illinois Secretary of State is essential. Because of the complex nature of Secretary of State rules, it is important to understand the hearing procedures and requirements. Having an experienced driver’s license attorney by your side ensures that all aspects of the hearing are conducted properly and will lead to the best possible outcome.

The Secretary of State’s office conducts two types of hearings, formal hearings and informal hearings, for those seeking driving privileges after a driver’s license revocation or suspension arising out of a DUI conviction or summary suspension. In the majority of cases, a formal hearing is required.

What is a Formal Hearing?

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The driver’s license attorneys at The Davis Law Group, P.C. have successfully represented thousands of drivers seeking restoration of their Illinois driving license. This includes drivers who live in Illinois as well as drivers who live in other states and cannot obtain a license where they live until their license is reinstated in Illinois. While there are a variety of scenarios, these cases often involve drivers who have had their driver’s license revoked after having been convicted of DUI (or multiple DUIs).

In Illinois, drivers who have a revoked driver’s license must request a hearing in order to seek driving privileges. In most cases, this is done through a formal hearing, where a hearing officer presides over the case and the Illinois Secretary of State is represented by a hearing representative. If the driver has a suspended driver’s license and wishes to seek driving privileges prior to the end of their license suspension, he or she is also required to have a hearing.

Often, drivers who have previously had a hearing before the Secretary of State and are denied reinstatement or a driving permit come to our lawyers for assistance in challenging the decision that they received. Typically, our law firm can help these individuals by addressing the issues that arose at their hearing. Our driver’s license attorneys are frequently able to obtain a favorable decision on their behalf after a new hearing.

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There are a variety of possible consequences resulting from a second DUI arrest in Illinois. To a large extent, the penalties depend on the outcome of your first DUI. The majority of people arrested for a first DUI receive an automatic suspension of their driver’s license for 6 or 12 months depending on whether they failed or refused chemical testing. This is referred to as the Illinois Statutory Summary Suspension law. Additionally, many first DUI arrests will result in court supervision for a period of 1 to 2 years. If you successfully complete the conditions of court supervision (e.g. payment of fines/court costs, treatment, community service, victim impact panel, etc.), a conviction will not be entered.

However, in Illinois, you can only receive court supervision for DUI once in your lifetime. As a result, this means you face limited options on a second DUI charge. You will ultimately have the choice of pleading guilty and receiving a conviction (i.e. conditional discharge or probation), pleading not guilty and going to trial or seeking a negotiated plea to reduce the DUI charge, ideally, to the offense of Reckless Driving.

Criminal Penalties of a Second DUI

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All Illinois Secretary of State facilities are currently closed to the public. Emergency rules have been enacted to extend the expiration (in certain circumstances) of driver’s licenses, driving permits including Restricted Driving Permits, ID cards, vehicle registrations, and other transactions through the period of closure and for at least 90 days after the facilities have reopened.

To be eligible for the extension of your driver’s license or permit (including Restricted Driving Permits), your license or permit must have been valid as of March 17, 2020. If your driver’s license or permit expired before this date, this extension does not apply to you.

We do expect significant delays in assigning hearing dates, decisions from hearings, processing of permit requirements, and the issuance of driving relief when the Secretary of State eventually reopens. 

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If you are under the age of 21, you face stiff penalties for alcohol-related offenses under Illinois law. Aside from the possible criminal penalties, which may include jail time, community service, traffic safety school and/or high fines and court assessments, the Illinois Secretary of State may impose a driver’s license suspension or revocation for many of alcohol-related offenses as follows:

Illegal Transportation of Alcohol 

  • Conviction – 12-month driver’s license suspension
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On October 29, 2019, the Illinois House passed Senate Bill 1786 known as the License to Work Act. The Act has now passed both houses of the Illinois legislature and awaits the Governor’s signature.

Over the last 30 years, laws have been passed authorizing the suspension of a person’s driver’s license as a means of collecting past due parking ticket fines, tollway violations and fees owed to the Illinois Commerce Commission. The License to Work Act removes the authority of the Secretary of State to suspend driving privileges for such reasons.

The legislation also provides for restoration of driving privileges for those persons who have previously had their license revoked, suspended or cancelled for non-payment of parking tickets or tollway violations or fees owed the Illinois Commerce Commission. Those suspended for unpaid parking tickets account for the largest portion of those impacted by the new legislation.

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If your driving privileges are suspended or revoked in Illinois, you may be unable to obtain or renew your driver’s license in the state in which you reside due to the hold that Illinois has placed on your ‘National Driving Record’. This may occur even if you never lived in Illinois or never obtained an Illinois driver’s license. Most states will not issue or renew your driver’s license until the hold has been lifted and your National Driving Record is clear of suspensions or revocations from Illinois or any other state.

Most holds in Illinois result from either a revocation of your driving privileges due to a DUI or your Failure to Appear in court. However, there are many other reasons Illinois may place a hold on your National Driving Record, including your failure to pay fines for tickets or suspensions caused by various other traffic violations.

DUI Revocations

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A school bus permit is required to transport school children through 12th grade for a public, private or religious school in a school bus or any other approved vehicle owned by or operated for a school or religious institution over a regularly scheduled route. School bus permit holders are subject to strict rules and regulations, especially when it comes to traffic tickets.

School Bus Permit Requirements

Permit holders must be at least 21 years of age, have held a valid license for the previous three years prior to application for a school bus permit, complete a classroom training course, pass a written test, road test, physical examination, and an FBI criminal background check.

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Drivers who have been revoked for DUI in Illinois often ask our driver’s license attorneys how long they are required to drive on a breath alcohol ignition interlock device (“BAIID”) or whether they are required to have a BAIID at all.

Drivers who have one DUI revocation and do not have a prior suspension from a previous DUI (as a result of failing a test or refusing testing) are not required to have a BAIID device installed on their vehicle. On the other hand, driver’s who have one DUI revocation and have also lost their license due to a suspension on a prior DUI are required to have a BAIID device installed on their vehicle as a condition of obtaining a restricted driving permit (“RDP”). The driver must then drive on the RDP with the BAIID for 75% of the period it is issued before the Secretary of State will consider full reinstatement.

An Illinois resident with 2 or 3 DUI convictions must drive with a BAIID for a period of 5-years before they can be considered for full reinstatement (regardless of their ‘reinstatement eligibility date’).

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Below are answers to frequently asked questions regarding driving records in Illinois. Driving records are different across all 50 states. Illinois driving records are maintained by the Illinois Secretary of State. They also are often referred to as driving record abstracts and motor vehicle records (MVR).

What information appears on an Illinois driving record?

  • Convictions (traffic tickets, including those issued in other states)
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