How to get a revoked license back in IL
Dennis Dwyer is a one of the lawyers for revoked license.
Driving in Illinois is a privilege, and the Illinois Secretary of State’s office (SOS) can suspend or revoke your license for several different offenses. Once your driving privileges are suspended or revoked, you must take action to get your license reinstated. When the period of suspension ends, your license is not automatically reinstated. Rather, you have to take steps to reinstate your driving privileges.
Suspension Vs. Revocation
While suspensions and revocations both mean the loss of driving privileges, they are very different. However, both require payment of fees and steps taken to reinstate the license.
- Suspension. A suspension is the loss of driving privileges for a specified time period. Depending on the offense, the suspension period may last for a few months, up to several years. When the time period ends, the driver may take steps to get the license reinstated.
- Revocation. A revocation is much more serious than a suspension. This is the loss of driving privileges indefinitely. Most revocations have a minimum time period, and after that time period, steps can be taken to receive driving privileges again.
Offenses Resulting in Suspension
The following offenses can result in a driver’s license suspension issued by the Illinois Secretary of State’s Office. These offenses may also have additional penalties given by the court.
- Driving Under the Influence (DUI). Driving while under the influence of drugs or alcohol will get your license suspended, and sometimes revoked.
- Driving Without Insurance. If you are found to be responsible for an accident and you did not have insurance, you can face a two year suspension.
- Failure to Appear in Court. If you do not appear in court as requested for a traffic violation, or take care of the matter before your court appearance, you may receive a suspension.
- Failure to Pay Child Support. An act called “Deadbeats Don’t Drive” ensures that failing to pay child support means losing the ability to drive.
Parking Violations. Ten or more unpaid parking violations can result in a suspension.
- Traffic Violations. Three moving violations within twelve months may result in a suspension.
Automated Traffic Violations. Five or more unpaid red light violations as captured by an automated traffic camera will result in a suspension.
- Tollway Violations. If you do not pay five or more tolls, you can have your license suspended.
Driving on a Suspended License
Some may be tempted to drive even with a suspended license. This is never a good idea, and there are several consequences for those that decide to ignore the suspension. If caught driving on a suspended license, you could face:
- An increased suspension period.
- Revocation of your driver’s license.
- Jail time.
- Possible seizure of your car.
Driver’s License Reinstatement Procedure
In order to get your license reinstated you will need to have a hearing with the Illinois Secretary of State’s office. There are two types of hearings: informal and formal. Less serious offenses only need an informal hearing, whereas more serious offenses require a formal hearing.
- Informal Hearing. In order to have an informal hearing, you will need to discuss your case with a SOS hearing officer. Informal hearings are offered for offenses: (1) that did not have a fatality, (2) for a first DUI, and (3) for minor moving violations. Contact an SOS hearing location to enquire about an informal hearing. As a result of the hearing, you may obtain a restricted driver’s permit, or have your license reinstated.
- Formal Hearing. If your offense involved: (1) a fatality, or (2) if you have multiple DUI convictions, then you must have a formal hearing. In order to get a formal hearing, you must mail in the appropriate form, a Formal Hearing Request, with the $50 fee. You will receive a formal hearing date in the mail. Remember to bring your identification with you to the hearing since you will be entering a state building where identification is required. As a result of the hearing, you may obtain a restricted driver’s permit, have your license reinstated, or receive a denial of reinstatement.
Post Hearing Steps To Reinstatement
The hearing isn’t the final step. Once you receive notice that you can have your driver’s license reinstated, you still must show the SOS proof of insurance and pay the appropriate fee. If having a breath alcohol ignition interlock device (BAIID) installed in your car is a part of the requirements, then you must have it installed on your car.
Illinois Drivers License Reinstatement After DUI
DUI Revocations & Statutory Summary Suspension
- DUI Revocation. A DUI conviction can result in the revocation of your driver’s license. The period of revocation is determined by the number of DUI convictions. A first DUI conviction results in a minimum one year revocation. You will have to wait one year before taking steps to attempt to have your license reinstated. Each DUI conviction increases the revocation.
- 1st offense= 1 year revocation
- 2nd offense= 5 year revocation
- 3rd offense= 10 year revocation
- 4th offense= lifetime revocation
- Statutory Summary Suspension. In Illinois, even if you are never criminally convicted for DUI you may still receive a driving suspension. If you are arrested for DUI and fail chemical testing, refuse to submit to or fail to complete chemical testing, your license is automatically suspended beginning on the 46th day from the notice of suspension.
- Failed Chemical Testing. If you have a breath alcohol content (BAC) of .08 or higher you have an automatic suspension of six months for a first offense, and one year for subsequent offenses. You are eligible for a Monitoring Device Driver’s Permit (MDDP).
- Refused Chemical Testing. If you refuse chemical testing, you have an automatic suspension of one year for a first offense, and three years for a second offense. You are eligible for a MDDP.
DUI Specific Reinstatements
In addition to the other requirements for getting your driver’s license reinstated, cases involving DUI also require that you obtain a drug/alcohol evaluation. Depending on the results of the evaluation, you will have certain steps to comply with that include taking a substance abuse class or enrolling in treatment.
Restricted Driver’s Permit
It may be possible to get a restricted driver’s permit (RDP) if you are unable to get a full reinstatement. The RDP will allow you to drive to certain places at certain times of the day allowing you to get to work or take care of your children.
Monitoring Device Driver’s Permit
Obtaining a MDDP is another type of driving relief offered. This permit will allow you to drive a car with a BAIID installed, and allow you to get to work and/or take care of children. The BAIID requires you to blow into the device to monitor your breath alcohol level before the car can be started. If alcohol is detected, the car will not start. This allows you the ability to drive, while also ensuring that you do not drive while under the influence.
DUI Attorney Required?
Depending on why your driver’s license is suspended or revoked, you may want to have an attorney help you with the process of getting your driver’s license reinstated. If you have been arrested for DUI, it is in your best interested to have an advocate on your side to defend you in any hearings and in court. Losing your license is just part of the consequences of DUI. You will want an attorney to help you face any formal hearings you will have to obtain either driving relief or a license reinstatement. When facing DUI charges you will also want a Chicago DUI attorney to help you handle the criminal charges as well. Call the Law Offices of Dennis Dwyer today to learn if he can help with your charges.