How long does the driver’s license reinstatement process take ?
Generally once the client signs the request for hearing and pays the $50.00 application fee a hearing is generally scheduled by the Secretary of state’s Office in 30-45 Days.
My license was recently revoked due to a second DUI . What can I do?
A conviction for a second DUI will result in your driving privileges being revoked for a period of a minimum of two years. You must schedule a Formal Hearing,obtain an Alcohol/Drug evaluation and prepare for the hearing. This preparation is done by the Law Offices of Michael Brennan where we will make sure you obtain all the necessary paperwork and go over all the questions that will be asked of you at the Formal Hearing. There is an old saying that goes: “Fail to Prepare…Prepare to Fail.” Michael Brennan will do everything possible to assure that you are adequately prepared for this hearing.
How long do I have to drive with a restricted driving permit?
If you are granted a restricted driving permit(RDP) then you are ineligible to apply for full reinstatement until you have successfully completed nine months of the restricted driving permit and once the client has done that, we have found that the next formal hearing for full reinstatement is typically successful.
The Secretary of State said that my classification was not correct after my formal administrative hearing with the Secretary of state of Illinois. What should I do?
This happens on occasion to people who attempt to appear at a Formal Hearing without an attorney or with an attorney who is not well versed in the process. You will need to obtain a new Alcohol evaluation to address these issues. That is why it is imperative to have an attorney who knows how a Formal Hearing is conducted.
What is the BAIID?
The BAIID stands for breath alcohol ignition interlock device. The breath alcohol ignition interlock device is a device that fits in the car, typically costs between $750 and $1,250 dollars to have in the car for the year and is installed mainly when a person is granted a restricted driving permit through the Secretary of state formal administrative hearing process. When you have the BAIID device installed in your car, you must provide a breath sample into the BAIID device prior to starting the vehicle each time. Once you are driving the BAIID device will beep and you will have to submit to the BAIID device at random intervals while you are driving. The BAIID device, once it is hooked up to your car, it will allow the car to start, but prevents you from starting the car if the breath sample registers a 0.05 or higher. If you blow into the BAIID and the sample is negative and registers a 0, you patient will be able to start their car without incident.
What is the difference between a suspension and revocation?
A suspension is the temporary loss of driving privileges for a specified period of time. At the end of the period of suspension a person is automatically reinstated upon payment of the required reinstatement fee.
A revocation is the indefinite loss of driving privileges. There is no ‘automatic’ reinstatement after revocation and a person cannot drive again until first appearing at a hearing before the Secretary of state and being granted driving privileges.
Certain offenses may result in a suspension while more serious offenses may result in a revocation.
Examples of offenses which will result in a suspension:
- 3 or more minor moving violations within a 12 month period;
- Possession of a driver’s license or ID card belonging to another;
- Fleeing and eluding a police officer;
- Leaving the scene of an accident where property damage exceeds $1,000.00;
- 2 convictions for illegal transportation of open liquor within a period of 1 year;
- Violation of driver’s license classification (e.g., operating a motor cycle without proper license classification);
- Possession of a controlled substance, cannabis or methamphetamine while operating or in physical control of a motor vehicle.
Examples of offenses which will result in revocation:
- Conviction of DUI;
- Leaving the scene of an accident resulting in death or personal injury;
- Drag racing;
- Aggravated fleeing an eluding a police officer involving speeding 21 miles per hour or over the limit, property damage of $300.00 or more; disobedience of 2 or more traffic control devices;
- 2 convictions for illegal transportation of open liquor where the person is under age 21;
- Any felony involving the use of a motor vehicle
Do I have to have a Breath Alcohol Ignition Interlock Device (‘BAIID’) installed on my car?
There are 2 groups of revoked drivers who are required to have a BAIID device installed on their vehicle while driving on a RDP. If you have received any combination of 2 or more suspensions or revocations within a 10 year period which arise separately out of multiple DUIs; or if you have at least 2 convictions for DUI any time in your life you must have a BAIID device installed on your vehicle. There are certain limited exemptions to the BAIID requirement.
Don’t forget that the secretary of state rules for reinstatement of driving privileges can be very confusing and difficult. You should consult with an attorney who has experience in these matters. Michael Brennan has over 25 years of experience and as a former state’s attorney will prepare you for an informal or formal hearing.
Call today for your free consultation. We are 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 the following communities in the South Suburbs of Chicago: Orland Park, IL, Orland Hills, IL, Palos Heights, IL, Palos Hills, IL, Palos Park, IL, Lockport, IL, Homer Glen, IL, Frankfort, IL, New Lenox, IL, Tinley Park, IL