What is the Process for License Reinstatement After an IL DUI?

 Posted on December 11, 2024 in DUI

Between 1991 and 2017, the rate of drunk driving fatalities decreased by nearly 50 percent.  Nonetheless, in 2023, roughly one million drivers were arrested and charged with DUI or DWI.  While about 30.8 percent of people believe a driver should lose his or her license following a DUI conviction, most believe this loss should only be temporary.

The primary question asked by Illinois residents who have been convicted of DUI is when they can have their driver’s license reinstated. We live in a very mobile society which is highly dependent on the ability to drive. The lack of a driver's license severely hinders getting to and from work, taking children to school, running errands, and engaging in recreational activities.

Thanks to changes in Illinois DUI laws over the past few years, the question of when a driver’s license can be reinstated has become increasingly complex. If you have questions about when your license can be reinstated and how the process works, an Aurora, IL DUI attorney from Law Office of Patricia Magaña, LLC can help.

When Can My Driver’s License Be Reinstated Following a DUI Conviction?

When determining when a license can be reinstated following a DUI conviction, two factors must be considered. The first is the length of the statutory summary suspension (SSS), while the second is the length of the DUI revocation. The SSS may be anywhere from six months to three years, depending on whether a chemical test was refused or failed or whether this is a first, second, or subsequent DUI offense.

A first offender who refused a chemical test will have a 12-month SSS suspension, while a first offender who failed the test (had a BAC of 0.08 or above) will have a six-month SSS suspension. A second or subsequent offender who refuses a chemical test will have a 36-month SSS suspension, while a failed test results in a 12-month SSS suspension. These suspensions begin on the 46th day from the date of the arrest (or, in some cases, the date the blood draw or urine test is performed).

The length of the license revocation must also be considered. A DUI conviction results in a license revocation—one year for a first DUI conviction, five years for a second conviction within 20 years of the first, ten years for a third conviction, and a lifetime suspension for a fourth or subsequent conviction if the last arrest occurred on or after 01/01/1999. Once the SSS date and the revocation date are determined, the latter of these two dates is the projected date of eligibility for license reinstatement.

This reinstatement eligibility assumes relevant fees have been paid and a favorable decision for reinstatement has been received following a Secretary of State hearing. A driver with two or three DUI convictions will not be granted reinstatement until he or she has driven on a restricted driving permit with an ignition interlock device for five years.  

What is the Process for License Reinstatement?

Once a driver is eligible for reinstatement, the following process must be followed:

1. Engage in consultation with an informal hearing officer at the local SOS office or with a driver’s license reinstatement attorney.
2. Secure court purposes driving abstract.
3. Obtain documentation of completion of alcohol or drug treatment.
4. If it has been more than six months, complete a new evaluation with a licensed alcohol/drug evaluation agency or an updated evaluation with the previous evaluator.
5. Take all documentation to the informal hearing officer at a local SOS office.
6. Complete the hearing process.
7. Receive a written decision.

An unfavorable decision can be appealed within 35 days. A favorable decision will include instructions regarding additional requirements that must be completed before a new license or permit can be issued. The permit must be driven on for 75 percent of the time it is issued for or until the individual reaches eligibility for full reinstatement – whichever date is later.

Contact a DuPage County, IL DUI Lawyer

Since this is such a complicated area of the law, it is important to speak to a Naperville, IL DUI attorney from Law Office of Patricia Magaña, LLC. Call 630-448-2001 to schedule your free consultation today. Our attorney also speaks Spanish.