In Illinois, whenever you receive a conviction for Driving Under the Influence of Alcohol, your Illinois driving privileges will be revoked. It is revoked indefinitely unless you formally request reinstatement from the Formal Administrative Hearing office at the Secretary of State. Unfortunately, qualifying to apply for reinstatement depends on how many DUI convictions are on your driving record (or reported to the Illinois Secretary of State).
High Risk — Non-Dependent
· Must submit an additional report from the treatment provider explaining why dependency was ruled out and the cause of your behavior that resulted in three or more DUI dispositions. This requirement cannot be waived.
What is DUI risk classification and why is it important?
How long will it take to be reinstated?
Depends. There are many factors that determine how quickly you will be reinstated. As common sense dictates, if you take your treatment seriously, completing everything required, if you have an adequate understanding of your drinking problem, if you can successfully prove to the hearing officer that you are able to control that problem , AND you can demonstrate you are no longer a danger to Illinois drivers, then the process to obtain some driving relief is 3-6 months from the date you applied for reinstatement. To achieve full reinstatement of your privileges, the process will likely take up to 2 (two) years from the date you apply for reinstatement. Note: If you have more than one hearing, it will obviously take longer to obtain reinstatement.
What will happen at the formal hearing?
The formal hearings take place at one of four different locations throughout the State of Illinois. These locations are:
A typical hearing will last between 60 and 90 minutes, depending on the amount of question.
Will I need to obtain Financial Responsibility (SR-22) Insurance?
Presently, a DUI conviction subjects you to filing Financial Responsibility Insurance (SR22) for three years. Financial Responsibility Insurance (SR-22), is commonly referred to as “high-risk” insurance. This requires your insurance company to file appropriate documentation with the Secretary of State. Your insurance company is usually the only means allowed to submit this documentation. They submit it in one of two ways: 1) Electronically; and 2) By mailing. This method depends on the insurance company. Consult an attorney or your insurance agent to determine how this documenation can be submitted.
If the hearing officer grants me driving relief, will I have full driving privileges restored automatically?
It depends on whether the DUI was your first or second conviction. Typically, you receive court supervision on your first DUI. Since court supervision does not assign points against your driver’s license and it’s not considered a conviction, if you are arrested for DUI a second time and receive a conviction, it will be considered your first conviction and you will lose your driving privileges for a minimum of one year.
Revocation for Non-DUI Related Convictions
While DUI is the most common revocation causing offense, your driving privileges could still be revoked if you receive a conviction for certain crimes. To regain your driving privileges, you will have to apply for reinstatement and have a formal hearing. However, the law allows for reinstatement after an informal hearing under certain circumstances. It is important you consult an attorney to see if you need a formal or informal hearing to reinstate your driving privileges.
The Secretary of State’s office has the authority to revoke the driver’s license of a repeat traffic offender. During the course of any revocation, your vehicle registration may be suspended. Notice is given accordingly.
If you have further questions, please visit our website at www.centralillinoislawyers.com and complete our online submission form. Or, you can call our office at 309-699-4691 or email us at firstname.lastname@example.org.
Article Author: Jeffrey R. Hall
Jeff Hall is managing partner at Hall, Rustom & Fritz LLC and concentrates his law practice in Criminal Law, DUI & Traffic law, driver’s license reinstatement hearings and criminal record expungements.
If you have a legal question, email Jeff Hall.