How Can I Reinstate My Driver’s License After an Illinois DUI?

 Posted on November 18, 2019 in Criminal Defense

By far, one of the most common ways that Illinoisians lose their driving privileges is by being arrested or convicted of driving under the influence (DUI). Illinois law states that any person who fails, refuses to submit to, or does not complete a chemical test to determine their blood-alcohol content (BAC) is subject to a statutory summary suspension of their license. This suspension length is six months for a failed chemical test, meaning a driver’s BAC was 0.08 or higher. If a driver refuses to take a chemical test, they will have their driver’s license suspended for one year. Statutory summary suspensions are administrative actions, independent from any criminal actions taken against a person’s driver’s license due to being convicted of DUI. 

Losing your driving privileges can make life extremely difficult because you most likely depend on your ability to drive to get yourself to and from work. If your driver’s license has been suspended or revoked because of a DUI arrest or charge, do not fret. You can get your license back with a little bit of effort and the assistance of a skilled attorney. In any case, you will have to attend either a formal or informal hearing to have your license reinstated. The type of hearing required to get you back behind the wheel depends on the nature of your revocation or suspension.

Informal Hearings

An informal hearing is, as one would expect, not as serious as a formal hearing, though only drivers who have lost their driving privileges for certain reasons can attend an informal hearing to reinstate their license. If your offense did not involve a fatality, it was your first DUI offense or your license was suspended for a different moving violation, you can attend an informal hearing.

These hearings do not require an appointment and take place at a Driver Services facility. Informal hearings are conducted by a hearing officer who will relay all of your information to an office in Springfield, which will then review your case and make a decision. You will receive your decision in the mail.

Formal Hearings

If your offense involved the fatality of someone, or if you have one or more previous DUI charges, you will have to attend a formal hearing to have your driver’s license reinstated. A formal hearing functions much like a trial, in that you will have a chance to present evidence as to why you deserve to have your driving privileges reinstated. The formal hearing officer will listen to all of your presented testimonies and review all of your documents, and he or she will present a recommendation as to whether or not you should have your license reinstated. An order will also be issued concerning the decision made by the Secretary of State’s office.

Unlike informal hearings, you are required to submit a written request along with a $50 filing fee to have your hearing scheduled. The Secretary of State’s office will not consider requests that are not sent in with the filing fee, and your request will be returned to you. The Secretary of State only schedules formal hearings in four cities throughout Illinois: Chicago, Joliet, Mt. Vernon, and Springfield.

It Is Important to Have a Downers Grove, IL Criminal Defense Attorney by Your Side

You may not realize how important driving is in your life until your driving privileges are taken away from you. If you have had your driver’s license suspended or revoked because of a DUI arrest or conviction, you need to immediately contact a knowledgeable Oak Brook, IL driver’s license reinstatement lawyer. Though you are not required to have an attorney present at either an informal or formal hearing, having the trusted legal counsel of Khan Nayyar & Associates, LLC by your side can be extremely beneficial. Call our office today at 630-529-9377 to schedule a consultation.

Sources:

https://www.cyberdriveillinois.com/departments/administrative_hearings/hearings.html

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf