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

 Posted on July 25,2019 in DUI

Driving under the influence (DUI) of drugs or alcohol is a serious offense in Illinois. Regardless if it is a first DUI or a repeat or aggravated DUI charge, the consequences are significant if convicted. Penalties can include jail time, steep fines, and/or suspended license. Upon conviction of DUI, the guilty party will have a mandatory revocation of his or her driver’s license. If a person’s license is revoked, it can impact his or her life significantly, especially if he or she does not have an alternate mode of transportation to get to and from work. This penalty is not permanent; however, as it is possible for an offender to have his or her driver’s license reinstated after a period of time and after certain conditions are met.    

What Is an Administrative Hearing?

A conviction of DUI will result in an administrative revocation of the offender’s driving privileges, effective immediately by the Illinois Secretary Of State (SOS). The driver may contest the revocation through an administrative hearing by filing a motion in court. The content of the hearing will include the following:

• Whether or not the person was actually arrested for DUI;
• Whether the arresting officer had reasonable cause to believe the arrestee was operating a motor vehicle while intoxicated;
• Whether the person refused to submit to chemical testing after being read his or her rights; or if the test showed a blood alcohol content (BAC) of 0.08 or higher;
• Whether the person was warned by the officer that his or her license would be suspended or revoked due to refusal to submit to testing; and
• If the driver’s license was revoked, whether or not the person was involved in a car accident that resulted in the death or personal injury of another person.

What Is a Restricted Driving Permit?

In some cases, a restricted driving permit could be issued depending on the offense and if the person can show a hardship. Hardships can include needing to go to work to support his or her family or go to doctor appointments or alcohol abuse treatment centers on a regular basis. However, the revocation cannot be reduced or modified, and a person convicted of DUI may have to complete additional requirements to receive a restricted driving permit, such as attending a drug/alcohol abuse program. 

How Do I Get My License Back?

In the majority of cases, a driver whose license was revoked can apply for reinstatement of it one year after the date of revocation, excluding a few situations: a second DUI arrest and conviction; fleeing the scene of a reckless homicide; or a subsequent accident that involves death or bodily injury. Under these scenarios, the period of revocation lasts three years. A third conviction increases the timeframe to six years.

Reinstatement does not happen automatically; a driver must apply for it using an SOS form after the suspension period is over, and he or she must also pay a reinstatement fee. Reinstatement only occurs after a hearing and the SOS determines that the driver is not a danger to the public.

Contact a Will County DUI Attorney

DUI charges in Illinois can result in serious consequences, such as license revocation as well as fines and/or jail time. An error in judgment should not derail the rest of your life. A DUI charge and subsequent conviction does not have to mean the loss of your driving privileges forever. If your driver’s license was revoked after a DUI conviction, you can reinstate it with help from the skilled legal team of McNamara Phelan McSteen, LLC Attorneys at Law. Call our experienced Joliet license reinstatement lawyers today at 815-727-0100 to schedule a free consultation. 

Sources:

https://www.cyberdriveillinois.com/departments/BAIID/reinstate.html
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+6&ActID=1815&ChapterID=49&SeqStart=78000000&SeqEnd=97700000