Reinstatement

Anyone with an Illinois drivers license will have it revoked upon receiving a DUI conviction.  And, if you have an out of state drivers license, Illinois will create a license number for you, just so they can revoke it.  This will prevent you from renewing your license in your home state.

You can avoid a revocation on a first offense DUI, in Illinois, if you receive a sentence of court supervision, since that is not a conviction (this is only true for misdemeanor DUIs).  However, other states do not offer supervision, so an out of state DUI will typically mean a conviction and automatic revocation.

Anyone revoked after a first offense is eligible for a comparatively quick and easy reinstatement process known as an informal hearing.  Everyone else must seek reinstatement at a formal hearing.

To achieve license reinstatement, the burden is on the revoked motorist to prove that you will not be a risk to the public safety and welfare and will drive responsibly. In order to prove this, you will, at a minimum, need to show that you have completed an alcohol evaluation, and complied with all recommended education or treatment. If your evaluator deems that you are dependent on alcohol or drugs, then you will also need to prove abstinence and involvement in a support group such as Alcoholics Anonymous.

License reinstatement is not something that can be purchased or ordered. In fact, according to government statistics, for each time you were caught driving while under the influence, you drove while intoxicated another seventy times. So when its time to ask the Secretary of State to give you your license back, don’t be surprised to be confronted with skepticism and reluctance.

Harold L. Wallin is proud to report that he has helped many revoked drivers regain full or restricted driving privileges. He knows the ins and outs of the Secretary of State’s hearing process, and the pitfalls that await you. Ultimately, however, the path to reinstatement starts with your commitment to a responsible lifestyle.

Once you have been through alcohol treatment, you will be ready to start the process to regain your driver’s license. Unfortunately, even after altering your lifestyle, the Secretary of State can still turn you down. At the reinstatement hearing, the State will have its own attorney, who will cross-examine you about intimate details of your life. To ensure a fair shake, you must have an attorney with you, who will protect your rights and avoid the pitfalls that can prevent your license from being returned. That is why you need an experienced attorney each step of the way. To get started, please contact Harold Wallin using the contact information at the top of this screen.

The Reinstatement Process:

It begins with an alcohol evaluation and treatment recommendation.  You will have to complete all the treatment that has been recommended for you prior to your hearing (although you may have a hearing before you have completed after care).

At the hearing, you must present a current (i.e., not older than six months) alcohol evaluation and/or evaluation update, proof of treatment and/or a treatment waiver (note:  risk education classes cannot be waived).

If you have been classified as High Risk Non-Dependent, you will also need at least three letters documenting your current non-problematic use of alcohol or abstinence.

If you have been classified as High Risk Dependent, you will need at least three letters documenting your abstinence from alcohol and another three letters documenting your participating in a support group program like Alcoholics Anonymous.

If you have had two DUI convictions, you will not be eligible for full license reinstatement until after you have established five continuous years of driving on a Restricted Driving Permit limited to operating a vehicle equipped with a Breath Alcohol Ignition Interlock Device (BAIID).

As of January 1, 2016, if you have had four or more DUI convictions, you will be eligible to apply for a Restricted Driving Permit, five years after the beginning of your most recent revocation, or after you were released from imprisonment, whichever came latest.  The Permit will be conditioned upon your use of a BAIID.  In addition to the requirements as set above, you will have to demonstrate at least three years of abstinence from alcohol and drugs.

If you live outside of Illinois and have had four or more DUI convictions, after January 1, 2016 you will be able to apply to terminate the revocation ten years after your most recent revocation.  However, if you move back to Illinois at a later date, your license will again be revoked.