Joliet Illinois Drivers License Reinstatement FAQ | Law Office of Jack L Zaremba

FAQ - License Reinstatements

Is This Process Difficult?

The process after a DUI revocation can be confusing and frustrating. It is highly recommended that anyone seeking to have their driving privileges restored reach out to an experienced Joliet drivers license reinstatement lawyer. Without one, there is a high rate of denial at these hearings. In the hearing, you must convince the secretary of state that you have addressed your alcohol issues and that you are no longer a risk to the safety of the general public. Most people don't realize that this burden is on you. Your burden is difficult as you have already shown Illinois secretary of state that you pose a safety risk by the very nature of being a multiple DUI offender. The secretary of state takes this process very seriously and you should too. Make sure you have a local Joliet drivers license reinstatement attorney to help you. 

 

How Do I Meet This Burden - Show That I am Not a Risk Anymore?

The secretary of state considers multiple factors in making this determination. It is vital that you have an experienced local Joliet drivers license reinstatement lawyer prepare you for this hearing. If the secretary of state does not feel that you have addressed your alcohol issues, you will be wasting your time and money as a new hearing(s) will be required.

 

What Are The Risk Classifications / Documentation

GENERAL DOCUMENTATION REQUIREMENTS

You must submit an Alcohol/Drug Evaluation Uniform Report, completed subsequent to your most recent DUI arrest by an agency licensed by the Division of Alcoholism and Substance Abuse (DASA).THIS REPORT MUST INCLUDE A RECITATION OF YOUR COMPLETE ALCOHOL/DRUG USE HISTORY, FROM FIRST USE TO PRESENT USE. If your Uniform Report evaluation or the last updated evaluation is more than six months old at the time of your hearing, you also must submit a current updated evaluation. An updated evaluation must be completed by the agency that completed your Alcohol/Drug Evaluation Uniform Report or by the agency that completed your treatment. An updated evaluation cannot be completed by the agency that completed the moderate (early intervention) counseling. A treatment provider may not conduct an update evaluation if it waives treatment,unless the provider verifies in writing that the petitioner’s case file has been transferred.

The petitioner must provide a Treatment Needs Assessment whenever another Uniform Report is composed, regardless of whether the petitioner successfully completed intervention or treatment after the previous Uniform Report. The Treatment Needs Assessment shall be composed on the treatment provider’s letterhead stationery. The Assessment must be signed and dated by the counselor responsible for the assessment or incorporated into the“Treatment Verification”form. The Uniform Report will place you at a specific classification level.Depending on the classification level, you must comply with additional requirements as explained below.Completion of the DUI Risk Education Course must occur after the last DUI arrest date.

Minimal Risk

  • Must document successful completion of a DUI Risk Education Course

Moderate Risk

  • Must document successful completion of a DUI Risk Education Course
  • Must document successful completion of an Early Intervention Program on the providing agency’s letterhead indicating the number of hours completed, dates of involvement, a summary of what was explored/addressed and the outcome of your involvement
  • Must document successful completion of any other substance abuse treatment recommended by a licensed evaluator or treatment provider 

Significant Risk

  • Must document successful completion of a DUI Risk Education Course
  • Must document on an original Secretary of State Treatment Verification form successful completion of any substance abuse treatment recommended by a licensed evaluator or treatment provider,including:
    • Copy of the Individualized Treatment Plan
    • Copy of Discharge Summary
    • Copy of Continuing Care Plan
    • Original Continuing Care Status Report
  • If no treatment provided,must submit a treatment waiver prepared on the providing agency’s letterhead

High Risk — (four or more DSM V Criteria)

  • Must document on an original Secretary of State Treatment Verification form successful completion of any substance abuse treatment recommended by a licensed evaluator or treatment provider,including:
    • Copy of Individualized Treatment Plan
    • Copy of Discharge Summary
    • Copy of Continuing Care Plan
    • Original Continuing Care Status Report
  • If no treatment provided,must submit a treatment waiver prepared on the providing agency's letterhead
  • Must document complete abstinence from the use of all alcoholic beverages and controlled substances (drugs) by submitting at least three original letters,signed and dated within 45 days prior to your hearing,from individuals (friends,family,etc.) who can verify your abstinence from alcohol/drugs for at least 12 months if seeking reinstatement,but no less than six months for a Restricted Driving Permit. (Witness testimony is acceptable instead of letters.)
  • Must document the establishment of a support/recovery program (Alcoholics Anonymous, church, etc.) by submitting: (Witness testimony is acceptable instead of letters.)
    • At least three original letters,signed and dated within 45 days prior to your hearing,from fellow members/participants,verifying your active involvement in your support program
    • If you have a support recovery program sponsor,must submit an original letter from your sponsor documenting your active involvement in your support program,signed and dated within 45 days prior to your hearing.

High Risk — “Non-Dependent” (three DUI dispositions in last 10 years)

  • Must document on an original Secretary of State Treatment Verification form,successful completion of any substance abuse treatment recommended by a licensed evaluator or treatment provider,including:
    • Copy of Individualized Treatment Plan.
    • Copy of Discharge Summary.
    • Copy of Continuing Care Plan.
    • Original Continuing Care Status Report.
  • If no treatment provided,must submit a treatment waiver prepared on the providing agency’s letterhead.
  • Must submit at least three original letters,signed and dated within 45 days prior to the hearing,from individuals (friends,family, etc.) who can verify either your alcohol/drug use pattern or abstinence for at least the last 12 months if seeking reinstatement,but no less than six months for a Restricted Driving Permit. (Witness testimony is acceptable instead of letters.)
  • 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.

Lifetime Revocation In addition to the list above:

  • Must document three years of uninterrupted abstinence. • If classified Level 2 significant risk or Level 3 high risk non-dependent, must show three years of uninterrupted abstinence during any period of time after the most recent arrest for DUI.

 

How Long Will All This Take?

Formal or Informal? The type of hearing you have dictates the length of this process. If you have more than one statutory summary suspension or more than one DUI conviction, you must have a formal hearing. The secretary of state takes about 6 weeks to schedule your hearing, but they have up to 90 days to schedule per secretary of state rules. They will be required to issue you a decision on your hearing within 90 days as well, though it usually doesn't take that long to receive the answer. If you are eligible for an informal hearing, its as easy as walking in to see the informal hearing officer for your hearing. No scheduling is required. Again, they have 90 days to issue the decision, but it typically doesn't take that long.

 

Full License or Hardship License?

Most people don't realize that even if you are eligible for full reinstatement, and you are successful at your hearing with the secretary of state, under the Illinois rules, you still may be granted a restricted driving permit first or what is known as a hardship license. That permit is valid for 12 months and you can't have another hearing for full reinstatement, until you have driven on the permit for at least 75% of the time. Essentially you must drive on the permit for a full 9 months. 

Please Note:

Even though you have been granted an RDP, full reinstatement is not automatic or guaranteed. We must appear for another full hearing where you driving record and behavior on the permit will be evaluated. 

 

Is The BAIID Required?

You will be required to have a BAIID device installed in your car if you have 2 or more alcohol suspensions or revocations on your driving record. If you are granted a restricted driving permit and given an exception to drive a work vehicle, there are situations where you would not be required to install a BAIID in that vehicle. An experienced Joliet license reinstatement attorney can advise whether you qualify under this section. 

Please Note:

As a general rule with some exceptions, once you are reinstated you are not required to have the BAIID device. 

As you know, the BAIID device is designed to stop intoxicated drivers from operating a motor vehicle. You will be required to provide a breath sample prior to starting the car and it will also require what they call rolling samples as you drive as well. Any violations are recorded and can result in the cancellation of your permit and denial of future driving privileges. 

 

Will I Be Denied At My Hearing?

The Secretary of State of Illinois not only requires all the documentation you submit to be spot on, but your statements to them at the hearing must not deviate from the documentation and fall in line with your specific classification. In instances where you are inconsistent or where you minimize your history, the State will deny you. These hearings are adversarial and you will be cross examined not only by the attorney for the state, but at times the hearing officer as well. It is easy to get nervous and confused with this adversarial process. It is vital to be well prepared prior to attending the hearing. The Law Office of Jack L. Zaremba will prepare you for this process and make sure that you are well versed in the questions that will be asked. 

Please Note:

Even if you are successful in conveying all the information to the hearing officer, consistent with your evaluation, you may still be denied if the information in your documentation is not consistent with your classification, chemical tests or disclosed symptomatology. 

 

What if I've been denied in the past? Can I still reapply and Can You Help?

Even if you have been denied in the past, we can still help. The secretary of state gives us the blueprint of what went wrong in your hearing in a document called "the denial letter". Our firm will go through every issue with you and make the appropriate changes to not only the documents that you submitted to the state for the hearing, but also in preparing you for the numerous questions that will be asked. We will work closely with the evaluator to make sure they are addressing every concern the hearing officer had in reviewing your hearing and we will clarify any points of concern that the state had with your initial hearing. 

 

Why Would I Want An Attorney To Represent Me?

Although it is not required to have an attorney, it is highly recommended. Our office will guide you through this process from beginning to end. We will review your driving record, your arrests (BAC results) and all of your treatment documentation well in advance of the hearing. We will ensure that everything is in order prior to appearing for your hearing. We are aware of motorists being turned away from the hearing all because they didn't have the basic paperwork in order. 

 

Our office will provide you with detailed written instructions as to the specific steps to follow in order to prepare for your hearing. Any questions you have will be answered promptly and accurately. We will review all of your documents prior to your hearing and make certain that they meet Secretary of State requirements. We will directly address any issues or potential problems with your evaluator or treatment provider and make sure they are resolved prior to your hearing. We will meet prior to hearing date to prep you as well.

 

Where Will The Hearing Be Held?

Our office handles all hearings at the Joliet office:

54 N. Ottawa Street
4th Floor
Joliet, IL 60436-1080