What is the Difference Between a Formal and Informal Secretary of State Reinstatement Hearing?

 Posted on May 25, 2022 in DUI

Driving under the influence of alcohol, leaving the scene of an accident resulting in injury, drag racing, and other criminal offenses can result in the revocation of a person’s driver’s license. Unlike a driver’s license suspension, driver’s license revocation is indefinite. You cannot simply pay a fine and get your license back after the suspension period is over. To reinstate a revoked license and regain driving privileges, you will need to attend a formal or informal Secretary of State hearing.

Informal Secretary of State Hearings

If you were arrested for a first-time DUI offense, you will likely be able to attend an informal Secretary of State hearing. Informal hearings are held at DMV locations throughout the state. You do not need to schedule the hearing in advance. Informal hearings are held on a walk-in basis. You will meet with a hearing officer for the Secretary of State and demonstrate to the hearing officer that you have taken the required steps to reinstate your license.

The steps you must take to reinstate your driver's license depend on the results of your drug and alcohol evaluation, criminal history, and driving record. Someone with only one DUI on their record and no signs of alcohol dependance may only need to attend 10 hours of DUI risk education classes to qualify for reinstatement. On the other hand, someone suffering from alcoholism or alcohol dependency may need to complete dependency treatment or substance abuse treatment before they can get their license back.

Formal Secretary of State Hearings

A formal Secretary of State hearing is conducted similarly to a courtroom trial. Formal Secretary of State hearings are required for individuals with multiple DUI arrests or convictions, DUI involving death, and those requesting modification or rescission of a driver's license revocation. Out of state applicants will also most likely need to attend a formal hearing. Formal hearings are scheduled in advance at a Secretary of State location. In addition to the hearing officer, a prosecutor for the Secretary of State will be in attendance. The person seeking driving relief will be placed under oath and asked various questions about his or her driving record, alcohol use, and why his or her license was revoked.

The petitioner will need to show that he or she completed all the steps required to regain driving privileges and will not reoffend.

Contact a Naperville License Reinstatement Lawyer

If your license was revoked, contact the Law Office of Patricia Magaña, LLC for support. We can help you prepare for your reinstatement hearing so you have the best chances possible of regaining your driving privileges. If needed, Aurora license reinstatement attorney Patricia Magaña can even attend the hearing with you. Call 630-448-2001 for a free, confidential consultation.

Source:

ilsos.gov/departments/BAIID/reinstate.html