I am eligible for full reinstatement. Should I expect to get my drivers license completely returned at my first hearing?
Typically, no. Despite being eligible for full reinstatement, the Illinois Secretary of State will almost always first grant a probationary license called a restricted drivers permit for a one year period. This is a permit that usually limits a persons scope of driving to work and/or school. After driving on the permit for 9 months, another hearing will be necessary to obtain full reinstatement.
My DUI case just concluded with a conviction and I have been notified by the Illinois Secretary of State that my license is being revoked. How long can I expect to be without any driving privileges?
If it is your first conviction for a DUI, you should be able to proceed immediately to get driving relief unless you are still under a summary suspension of your license that arose from the DUI arrest itself. If it is your second DUI conviction, you will be ineligible for any hearing for one year from your date of revocation and you will not be eligible for full reinstatement for five years from the date of revocation. If it is your third DUI conviction, you will be ineligible for any hearing for one year from your date of revocation and you will not be eligible for full reinstatement for ten years from the date of revocation. A fourth DUI conviction will cause a lifetime revocation under current law.
What does a Restricted Driving Permit cover?
A restricted driving permit limits the scope for which a person can drive. A restricted permit will allow a person to drive to and from work and within the scope of the job. It also allow for a person to get to and from school, support meetings for AA, and to/from daycare for a family household member.
Will I need to have a BAIID device installed?
A condition of a restricted driving permit may require the installation of a baiid device. This is a breath alcohol interlock ignition device. Anyone who has incurred 2 or more DUI related loss of driving privilegs from separate incidents within 10 years of each such incident shall be required to install a baiid.
My classification is level 3 dependant. Do I need to attend AA in order to have my license returned?
Quite simply, the answer is no. Anyone who is assessed as level 3 dependant must present proof that they are using a support system to help maintains sobriety. AA is a traditional support system that works well for many people. But not everyone benefits from the AA program for various reasons. The use of family members and close friends can properly substitute as an acceptable support system for a dependant person. This support system is referred to as Non- traditional support and will work well with the Secretary of State if properly documented and discussed.
How long does the formal hearing process take?
There is nothing quick about the formal hearing process for return of driving privileges. Typically, once an application for driving relief is submitted a hearing will be scheduled within approximately 8 weeks. At the conclusion of the hearing, a decision is not then provided. It will take approximately another 8weeks to obtain a written decision of approval or denial.
Do I need an attorney to represent me at a Secretary of State hearing?
No, you are not required to have an attorney. However, the hearing process is a loaded mine field. Only attorneys practiced themselves in the hearing process know the location of those mines and how to avoid blowing one up. Many people find this out the hard way and will end up hiring an attorney after being denied.
If you have any questions about the hearing process or how Attorney Steven Haney can help you get your driving privileges restored, please feel free to contact him for a free initial consutlation.
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