Chicago Criminal Lawyer Blog
Getting your driver’s license back after a DUI conviction is an extremely complex process. The Secretary of State has very rigid and complicated rules regarding driver’s license reinstatement, and high rates of applications are denied. After having your driver’s license revoked as a result of a DUI conviction, you can only get it back through a formal hearing with the Secretary of State. In order to request a formal hearing, you must make a written request. About 14 days after your request, the Secretary of State will mail you a hearing notice containing the date and time of your hearing. Your hearing date should be no more than 90 days after the date of your request.
The Secretary of State will not reinstate any driving privileges until it is satisfied that you are not a risk to public safety. The ball is in your court on this one. You have the burden of proving that you are no a risk, and this can be difficult, particularly for people who have been arrested for DUI more than once.
The Secretary of State’s office will consider several factors when determining whether or not you are a risk to public safety. They will review any documentation completed by a State-licensed alcohol/drug evaluation a treatment program, as well as your own testimony before a Secretary of State hearing officer.
During your hearing, you will be asked why you were stopped, how much you drank, the results of your chemical test, your history with drugs and/or alcohol and myriad other personal questions regarding your own drug and alcohol use. It is extremely important that you are completely honest when answering these questions. Any dishonesty and inconsistencies will count against you and can lead to your application for reinstatement being denied.
This is just a broad overview of what you will experience during a Secretary of State hearing. They take DUI offenses very seriously and expect you to, as well. Therefore, if you are unprepared with your paperwork and less than forthcoming about you offense or previous offenses, your hearing will most likely not go very well for you. It can be particularly detrimental to go it alone. An experienced DUI attorney can help you ensure your paperwork is filled out correctly and represent your best interests during your hearing.
For more information regarding the process and fines involved in having your Illinois driver’s license reinstated after a DUI conviction, contact Fred Mark Dry 24 hours a day