FAQ – License Reinstatements

Is the Illinois Driver's License Reinstatement Process Difficult?

The procedures followed after a DUI driver's license 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 driver's license reinstatement lawyer. Without an attorney on your side, there is a higher likelihood of denial at a license reinstatement hearing.

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. Your burden is difficult, as a DUI arrest or conviction is often considered an indication that you pose a safety risk. The Secretary of State takes this process very seriously, and you should too. Make sure you have a Will County driver's license reinstatement attorney to help you as you work to have your driving privileges reinstated.

How Do I Meet This Burden and Show That I Am Not a Risk Anymore?

The Secretary of State considers multiple factors in making this determination. It is vital that you work with an experienced lawyer to prepare for your license reinstatement hearing. If the Secretary of State does not feel that you have addressed your alcohol issues, you will be wasting your time and money, and a new hearing or hearings may be required before you can regain your driving privileges.

What Are The Risk Classifications, and What Documentation Is Required?

General Documentation Requirements:

You will be required to submit an Alcohol/Drug Evaluation Uniform Report that was filled out after you were most recently arrested for DUI. This report must be completed by an agency that has been licensed by the Division of Alcoholism and Substance Abuse (DASA). The Uniform Report must detail your complete history of alcohol and drug use, from your first use to your present activities. If your Uniform Report evaluation was completed more than six months prior to the date of your hearing, an updated evaluation will be required. This updated evaluation will need to be completed by the agency that had completed your previous Uniform Report or that originally provided treatment to you. You cannot receive an updated evaluation from an agency that provided early intervention counseling or other forms of moderate treatment. If a treatment provider waives treatment, they cannot conduct an updated evaluation unless the transfer of your case is verified in writing.

You must provide a Treatment Needs Assessment if another Uniform Evaluation Report will be required, even if you successfully completed treatment or other forms of intervention after the previous Uniform Report. The Assessment must be signed by the counselor who performed the assessment, or it must be 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 a DUI Risk Education Course must occur after your last DUI arrest date.

Requirements for Different Risk Classifications:

Minimal Risk

• Documentation that you have successfully completed a DUI Risk Education Course.

Moderate Risk

• Documentation that you have successfully completed a DUI Risk Education Course.
• Documentation that you have successfully completed an Early Intervention Program. This documentation must specify the total number of hours in a program, the dates you attended the program, a summary of the issues addressed during the program, and how your involvement in the program has affected you.
• Documentation that you have successfully completed any other treatment for substance abuse that has been recommended by a treatment provider or a licensed evaluator.

Significant Risk

• Documentation that you have successfully completed a DUI Risk Education Course.
• Documentation that you have successfully completed any treatment for substance abuse that has been recommended by a treatment provider or a licensed evaluator. An original Secretary of State Treatment Verification form must be used, and you must also provide:
  • A copy of your Individualized Treatment Plan
  • A copy of your Discharge Summary
  • A copy of your Continuing Care Plan
  • Your original Continuing Care Status Report document
• If you did not receive treatment, you will be required to submit a treatment waiver.

High Risk — (four or more DSM V Criteria)

• Documentation that you have successfully completed any treatment for substance abuse that has been recommended by a treatment provider or a licensed evaluator. An original Secretary of State Treatment Verification form must be used, and you must also provide:
  • A copy of your Individualized Treatment Plan
  • A copy of your Discharge Summary
  • A copy of your Continuing Care Plan
  • Your original Continuing Care Status Report document
• If you did not receive treatment, you will be required to submit a treatment waiver.
• Documentation of total abstinence from using alcoholic beverages or drugs/controlled substances. You will be required to submit at least three letters from people such as friends or family members who can attest that you have abstained from using drugs or alcohol. These letters must be signed and dated within 45 days before the date of your hearing. If you are seeking full reinstatement of your license, abstinence is required for at least 12 months, and if you are seeking a Restricted Driving Permit, abstinence is required for at least six months. If necessary, witness testimony can be provided at the hearing instead of written letters.
• Documentation that you have participated in a recovery/support program such as Alcoholics Anonymous. This documentation may include:
  • At least three letters from other program participants or members who can attest that you have been actively involved in the support program. These letters must be signed and dated within 45 days before the date of your hearing.
  • If you have a sponsor who is assisting with your recovery, you must provide a letter written by the sponsor attesting that you have been actively involved in the support program. This letter must be signed and dated within 45 days before the date of your hearing.
  • If necessary, witness testimony can be provided at the hearing instead of written letters.

High Risk — "Non-Dependent" (three DUI dispositions in the last 10 years)

• Documentation that you have successfully completed any treatment for substance abuse that has been recommended by a treatment provider or a licensed evaluator. An original Secretary of State Treatment Verification form must be used, and you must also provide:
  • A copy of your Individualized Treatment Plan
  • A copy of your Discharge Summary
  • A copy of your Continuing Care Plan
  • Your original Continuing Care Status Report document
• If you did not receive treatment, you will be required to submit a treatment waiver.
• You will be required to submit at least three letters from people such as friends or family members who can attest that you have abstained from using drugs or alcohol. These letters must be signed and dated within 45 days before the date of your hearing. If you are seeking full reinstatement of your license, abstinence is required for at least 12 months, and if you are seeking a Restricted Driving Permit, abstinence is required for at least six months. If necessary, witness testimony at a hearing can be provided instead of written letters.
• An additional report must be provided from a treatment provider that specifies that you are not dependent on alcohol or drugs while explaining the causes behind actions that led to at least three DUI arrests or convictions. This requirement is mandatory and cannot be waived.

If You Are Subject to a Lifetime Revocation, in Addition to the List Above:

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

How Long Will the License Reinstatement Process Take?

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 usually takes about six weeks to schedule this type of hearing, but they may take up to 90 days to do so. They will be required to issue you a decision on your hearing within 90 days as well, though it usually does not take that long to receive the answer.

If you are eligible for an informal hearing, it is as easy as walking in to an applicable Secretary of State facility to see an informal hearing officer. In these cases, no scheduling is required. Again, the Secretary of State has 90 days to issue a decision, but it typically does not take that long.

Full License or Hardship License?

You may not realize that even if you are eligible for full driver's license 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 (RDP) first. A Restricted Driving Permit is also known as a hardship license. That permit is valid for 12 months, and you cannot have another hearing for full reinstatement until you have driven on the permit for at least 75% of that time. Essentially, you must use an RDP for a full nine months before you can seek the full reinstatement of your driving privileges.

Please Note:

Even though you have been granted an RDP, full reinstatement is not automatic or guaranteed. You must appear for another full hearing where your driving record and behavior while under the restrictions of the RDP will be evaluated.

Is a BAIID Required?

If you receive a Restricted Driving Permit, you will be required to have a breath alcohol ignition interlock device (BAIID) installed in your car if you have two 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 you on whether you may qualify under this section.

Please Note:

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

A BAIID 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 you to provide what are called "rolling samples" as you drive as well. Any violations will be recorded, and they can result in the cancellation of your permit and denial of future driving privileges.

Will I Be Denied at My Hearing?

The Illinois Secretary of State 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 they must fall in line with your specific classification. In instances where you are inconsistent or where you minimize your history, the Secretary of State will most likely deny your request for reinstatement. These hearings are adversarial, and you will be cross-examined not only by the attorney representing the state, but at times by the hearing officer as well. It is easy to get nervous and confused during this adversarial process. It is vital to be well-prepared prior to attending the hearing. The Law Offices of Jack L. Zaremba, P.C. 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 required information to the hearing officer that is 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 Have 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 provides a blueprint of what went wrong during a hearing in a document called the "denial letter." Our firm will go through every issue with you and make the appropriate changes to the documents that you submitted for the hearing, and we will prepare 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 the license reinstatement process from beginning to end. We will review your driving record, your arrests and 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. Some motorists are turned away from hearings because they did not have the basic paperwork in order, and we will make sure you take the proper steps to prevent this from happening.

Our office will provide you with detailed written instructions regarding the specific steps to follow as you 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 the Secretary of State's 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 the hearing date to prep you as well.

Where Will the Hearing Be Held?

Our office handles all hearings at the Joliet office of the Secretary of State, which is located at:

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

Contact Our Joliet License Reinstatement Hearing Lawyer

To learn how the Law Offices of Jack L. Zaremba, P.C. can help you regain your driving privileges following a DUI, contact us at 815-740-4025. We offer free consultations, and we will work closely with you to help you get back on the road as soon as possible.