Revocation of License. Terms of Revocation
A revocation of your driver’s license based on a DUI differs form a suspension of driving privileges in one important way; after a suspension the person only has to pay a reinstatement fee to reinstate their driving privilege, but after revocation the person has to have a hearing to determine if the Secretary of State will reissue driving privileges.
Revocations based on DUI, as opposed to Statutory Summary Suspensions, take place only upon conviction for the offense. Our goal is to make sure that if it is possible to avoid conviction we will do so by a finding of not guilty. for most first offenders, if we are unable to win at trial, we are usually able to secure a disposition of “Court Supervision” which is not a conviction and has no effect on their right to have a driver’s license. Court Supervision will not lead to a revocation of driving privileges. Our goal at David S. Olshansky & Associates is to try and win your case by all means available.
The term of revocation before an individual is allowed to apply for a hearing will vary depending on prior criminal history. Events such as prior convictions for DUI, leaving the scene of an accident, reckless homicide, and other factors may increase the length of the revocation.
If a person is convicted, differing from a sentence of “Supervision,” of committing the offense of DUI, the court will forward a statement of the person’s conviction to the Illinois Secretary of State. Upon receipt of notice of the conviction for a DUI offense the Secretary of State will indefinitely revoke the person’s driving privileges until the person is successful in a formal hearing before the Secretary of State’s Hearing Department. the length of time until a person must wait to be eligible to have the formal in person hearing is determined by the number of prior Illinois DUI convictions and similar out of state convictions.
Upon receiving notice a first DUI conviction a person’s license is immediately revoked by the Secretary of State. for a first conviction the person is eligible for a formal hearing of reinstatement one year after the effective date of the license revocation. Upon receiving notice of a second DUI conviction, within a 20 year period, the person’s license is immediately revoked for five years from the effective date of revocation. Upon receiving notice of a third DUI conviction the person’s license is immediately revoked for ten years from effective date of the revocation of the most recent revocation. After a forth, or subsequent, conviction for DUI, a person’s license is subject to an immediate lifetime revocation.