What are the requirements to obtain a hearing to reinstate my driver’s license in the state of Illinois?
The answer to that question is easy and complex at the same time. At the law offices of Michael J. Brennan, we can help you through the process of obtaining a driver’s license reinstatement inside the state of Illinois, but the first thing we need to determine is what DUI risk classification you are.
If your record reflects an alcohol/drug offense, you must complete the following requirements after your consultation:Complete an alcohol/drug evaluation bya Division of Alcoholism and Substance Abuse (DASA)-licensed provider within six months prior to your hearing date. The evaluator will classify you as one of the following:
- Level I – Minimal Risk
- Level II – Moderate Risk or Significant Risk
- Level III – Dependent or Non Dependent
Level 1 – Minimal Risk
The minimal risk clients are typically eligible for an informal hearing as the only people who can be placed into the minimal risk category are those clients who have had only one DUI. That DUI could have occurred from outside the state of Illinois or it could have been a DUI in the state of Illinois where the client originally obtained a period of court supervision, which is not a conviction and thus would not revoke the person’s license, but then, due to the client having failed to pay fines, fees, costs or done their treatment when the court was monitoring them, the supervision was revoked and a conviction was entered. When a client inside the state of Illinois has one DUI as a conviction, they are typically eligible to proceed to an informal hearing at the minimal risk level, so long as the blow on that first DUI was under a 0.15.
Level II – Moderate or Significant Risk
- Must complete minimal risk requirements, AND
- Provide proof of completion of early intervention (moderate risk) or recommended alcohol/drug treatment (significant risk)
- and provide continuing care status report.
Typically most moderate risk clients typically still have only one DUI conviction in Illinois, but submitted a BAC level greater than a 0.15 or refused to blow on their first DUI. It is not typical for any client with more than one DUI arrest to be placed in the moderate risk category and most significant risk clients Significant Risk category typically comes to us with at least two, and possibly three, DUI’s over the course of more than ten years.
Level III – High Risk (Dependent)
- Provide proof of completion of recommended treatment and provide continuing care status report. If non-dependent, a clinical explanation why dependency was ruled out must be provided, as well as proof of either abstinence or non-problematic use.
- Provide three letters from members of your support/recovery program confirming your participation in the program.
- Provide three letters from independent sources confirming your abstinence from alcohol/drugs.
High Risk Dependent are typically those clients who are in Alcoholics Anonymous and who have typically, but not necessarily, had three DUI’s in their lifetime. They will need Provide three letters from members of your support/recovery program confirming your participation in the program and Provide three letters from independent sources confirming your abstinence from alcohol/drugs.
High Risk Non-Dependent
High Risk Non-dependent clients typically are those clients who have had three DUI’s but are not dependent on alcohol, thus they are not in AA or any other dependency group.
A formal hearing takes place with a hearing officer and an attorney for the Secretary of State’s office. The hearings are recorded and you are placed under oath for your testimony. What is said during this hearing can also be used for or against you at subsequent hearings.
Why you should have a lawyer represent you during these proceedings.
The secretary of state’s office has an attorney who will be asking you questions. However, if you have a DUI Lawyer, he or she has the opportunity to start the questioning, because the petitioner has the burden of proof. At the Law Offices of Michael J. Brennan we have over 25 years experience and know what questions should be asked of you. We will prepare you for a Formal Hearing so that when a question is asked you will not be surprised. It will be like having most of the answers to the test. We can anticipate over 90 percent of the questions that will be asked of you during this hearing. We will prepare you because as the old saying goes:”Fail to prepare. Prepare to fail”. I guarantee that you will be prepared.
AFTER THE HEARING
You will receive a notification within 30-45 days after the hearing informing you whether you have been granted a RDP, denied, or given a full reinstatement of your driving privileges.
If denied: you must wait 90 days from the date of the hearing to have another hearing you will also need a new alcohol evaluation addressing your denial.
If an RDP (Restricted Driving Permit) is granted then you must :
- Provide proof of financial responsibility within 60 days.
- Pay $8 issuance fee.
- Submit verification of employment, support/recovery group meetings, medical, child daycare educational or court-ordered community service.
- Take a driver’s examination if required.
- If BAIID is required, pay $360 BAIID RDP fee.
You will receive your RDP by mail. You cannot operate a motor vehicle until you have the permit in your possession. If a BAIID is required, it must be installed within 14 days from the RDP issue date. The date of the hearing to have another hearing.
If Reinstatement is Granted then:
The following requirements must be completed:
- Provide proof of financial responsibility.
- Pay reinstatement fee.
You will receive authorization by mail and you maybe required to take a full or partial driver’s license examination.
Call today for your free consultation. An answering service is available 24 hours a day, and Michael is available for consultations in both Chicago and Orland Park, Illinois – you have absolutely nothing to lose, and everything to gain.
Michael Brennan services communities in the South Suburbs of Chicago & Orland Park.
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