In Illinois, a DUI offense–driving under the influence of alcohol or drugs–can result in a restricted driving permit or revocation of your driver’s license. In some situations, you may need the assistance of an attorney and/or a state-approved evaluation agency to restore driving privileges after DUI.
Here is a brief outline of the license reinstatement process.
DETERMINE ELIGIBILITY FOR REINSTATEMENT – Normally, your license will not be returned to you until the eligibility date set by the court. However, your license could be reinstated if you provide proof of ‘undue hardship’ for reasons of employment; medical; child, elder or disabled persons daycare; educational; support group; or court-ordered community service reasons, per the Illinois Secretary of State.
ATTEND INITIAL CONSULTATION – This occurs regardless of your reinstatement eligibility.
COMPLETE DRUG/ALCOHOL REQUIREMENTS – If your license was revoked for DUI, you will be required to undergo DUI Risk Education and Treatment within six months prior to your hearing date by a Division of Alcoholism and Substance Abuse (DASA)-licensed provider. The DUI evaluations determine what level of treatment, if any, each person must receive.
ATTEND A HEARING – This hearing determines either that your license will be fully reinstated or that you will have a restricted driving permit and perhaps a breath alcohol ignition device in your vehicle. If your offense was a first-time DUI or did not involve a fatality, it is an informal hearing. Fatalities or multiple DUI arrests warrant Secretary of State Formal Hearings, and you may request representation by a Driver’s License Reinstatement Attorney.
When a license reinstatement is denied after an informal hearing, you can apply for a formal hearing or attend another informal hearing in 30 days. If the denial is after a formal hearing, you must wait 90 days for a new hearing.
Anyone granted a Restricted Driving Permit will be informed of the conditions that must be met.
If your Illinois driver’s license has been revoked for a DUI offense, my office is a state-licensed counseling and treatment provider for drug and alcohol abuse, and we can represent you at a formal hearing if required. Contact me to learn more about how we can help with all aspects of license reinstatement and evaluations.
ABOUT ERIN BIRT
Illinois attorney Erin Birt is a skilled legal professional with over ten years of experience in trial and divorce law serving clients in many DuPage County cities including Wheaton, Glen Ellyn, Naperville, Warrenville and Winfield.
She opened the Law Firm of Erin Birt, P.C. in 2010 to offer her clients alternative divorce resolution services, specialized collaborative divorce options and family law expertise. She also opened The Birt Group, a state-licensed DUI Counseling Firm in 2011.
Ms. Birt holds a J.D. from DePaul College of Law and is a member of the Collaborative Practice Professionals of Illinois, the Collaborative Law Institute of Illinois, the International Academy of Collaborative Professionals and the DuPage County Bar Association.