License Reinstatement Hearing After DUI Revocation
Unlike a suspension of driving privileges for a DUI offense where the offender needs to simply pay a reinstatement fee to get their license back, after a revocation based on conviction the individual needs to have a formal hearing. the law firm of David S. Olshansky & Associates regularly represents clients in need of a license reinstatement. the formal hearing to reinstate your driving privileges is conducted by the Secretary of State. Formal hearings are conducted in four locations in Illinois: Chicago, Joliet, Mount Vernon, and Springfield. the hearing may also be conducted through the mail for an out-of-state hearing applicant if they meet the requirements.
The hearing to reinstate an applicant’s driver’s license is very technical and complicated. If a person goes unprepared, or doesn’t follow the correct procedures, it is almost certain that they will not be granted a reinstatement. However, if all documentation, treatment, and other procedural compliance is in order there is a good chance that the individual will be successful if all of the Secretary of State’s criteria for reinstatement is proven. It is our goal to get an individual reinstated on the first chance. Often times clients will come to our office after they were denied reinstatement on a prior occasion because they didn’t know the procedures, tried to do the hearing on their own without an attorney, were ill prepared, or had an attorney that did not know the procedures. a prior denial does not mean that you will be unsuccessful during another attempt, it only means there needs to be more work done to prepare.
For all cases, the first requirement is to make sure an individual is statutorily eligible for reinstatement. the attorneys can determine this from a copy of the person’s driver’s abstract. Once eligibility is determined there needs to be a DUI evaluation by a licensed and accredited provider that is approved by the Secretary of State. This evaluation needs to be current, within 6 months of the formal hearing. the evaluation is an important step. Most likely there will have been at least one prior evaluation, usually done at the time of the offense which led to the revocation. This evaluation needs to be reviewed, along with any other earlier or later evaluations. the reports of the incident, or multiple incidents, that lead to the revocation also need to be reviewed. All documentation related to charged offenses, prior driving history, and prior hearings needs to be obtained.
Prior to the hearing all DUI risk education and treatment must have been completed satisfactorily with documented proof unless there is a treatment waiver provided by a qualified provider. All other not-court-required DUI risk treatment, classes, groups, or education that the individual has completed also needs to be presented.
At the beginning of the hearing the applicant is given an oath prior to testifying. Throughout the hearing the applicant will be asked questions by the Secretary of State Hearing Officer, the Secretary of State prosecutor, their alcohol and drug use history, substance abuse and dependency treatment, present lifestyle, and their risk of receiving a future DUI arrest.
The applicant will not get a decision on the reinstatement immediately after the hearing. the applicant will receive a written decision in the mail within ninety days of the hearing date. Depending upon eligibility, the applicant may obtain full reinstatement of their license or a restricted driving permit as a result of this hearing.
The law office of David S. Olshansky & Associates does not charge you for a consultation to determine if you are eligible for reinstatement. Before your consultation it is important that you gather as many of the records of the case that you can, including a driver’s abstract, any and all alcohol and drug evaluations, any prior decisions from the Secretary of State denying your reinstatement, and proof of all alcohol and drug treatment you have undergone. Please call the office to review your case.