In some cases, a Petitioner may apply for a hardship permit if they are not yet eligible for full reinstatement of their drivers license.
When applying for a hardship permit, the petitioner must demonstrate that there is an extreme difficulty in getting to the desired location and they have no reasonable means of transportation available to do so. When a Petitioner seeks to obtain driving privileges after a DUI revocation, they can do so by attending an informal or formal hearing, depending on their case.
Generally, an informal hearing is only available to Petitioners who have one DUI conviction, as well as no summary suspension on their record from a prior DUI. An informal hearing consists of a meeting with a Secretary of State hearing officer to answer questions about their DUI, treatment and present lifestyle. Petitioners may bring counsel to an informal hearing. Generally, a formal hearing is necessary when a person has two or more DUIs in their history and is seeking to obtain any form of driving relief after revocation, including a permit.
The proceedings are recorded and all parties, including your counsel, are allowed to ask questions during the hearing. At the beginning of a formal hearing, both the Petitioner whether pro se or by counsel and the Secretary of State submit evidence in support of their case.
It is strongly advised that a Petitioner retain a qualified attorney to represent them in these proceedings and review all documentation prior to submission to the Secretary of State. The State retains all records submitted at the hearing and the documents can be used against a Petitioner at any future hearing if they are denied full reinstatement of their drivers license or are revoked in the future for another offense.
It is strongly advised that a Petitioner retain counsel to help obtain the documents necessary to provide accurate answers, as well as review their testimony prior to attending a hearing with the Secretary of State. At the conclusion of a hearing, the Secretary of State does not render their decision immediately. Petitioners will receive a written decision of the result within ninety days of their formal hearing.
Secretary of State hearings are complicated and applicants should strongly consider retaining qualified counsel prior to attending a hearing to request driving privileges. Driving under the influence DUI of drugs or alcohol is a serious offense in Illinois.
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:.
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.
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. 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. Call our experienced Joliet license reinstatement lawyers today at to schedule a free consultation. Results listed are not a guarantee or indication of future case results. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship.
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Phelan Patrick J. Breach of Contract. Subscribe via RSS. Posted on July 25, in DUI. What Is an Administrative Hearing? 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.
What Is a Restricted Driving Permit?
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