Driver's License Reinstatement

Published on: August 12, 2011

Illinois driver’s license hearings and Driving Under the Influence (DUI) in a boat or snowmobile

Illinois law makes it illegal to operate a boat or other watercraft or a snowmobile while under the influence of alcohol. 625 ILCS 45 /5-16 (Boating Under the Influence (BUI))and 625 ILCS 40/5-7 (Snowmobiling Under the Influence (SUI)) The Illinois Department of Natural Resources (IDNR) enforces these laws and maintains a record of violations, suspensions and revocations.

If you lose your Illinois driver’s license due to a DUI conviction, you must have an administrative hearing with the SOS. The SOS takes the position that all negative consequences that have arisen in your life pertaining to alcohol and other drugs are relevant to determining whether you present a future driving related risk.

In other words, even non-driving related alcohol and drug offenses come into play in determining the risk you represent to public safety if the SOS restores your driving privileges. Legal situations such as drug arrests, disorderly conduct charges while consuming alcohol or other drugs, minor in possession and other under aged drinking tickets, fake IDS and DUI arrests that occur in another state or on a military base are all factors that the SOS will consider.

BUI and SUI offenses also enter the picture, indirectly. Offenses for operating a boat or snowmobile drunk are not entered directly on your driver’s license, at least not in Illinois. A DUI disposition includes a conviction, court supervision, a statutory summary or implied consent suspension or a DUI pled down to reckless driving. Therefore, BUI and SUI are not considered a “DUI disposition“.

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Published on: July 15, 2011

Illinois driver’s license hearings following a fatal crash

By Theodore Harvatin

At some point in the early 1980’s, two people died in Illinois as a result of being struck by a drunk driver. Records showed that the driver had previously lost his license due to a DUI arrest. His license had been reinstated following a Secretary of State driver’s license hearing.

In those days, the hearings primarily consisted of the revoked driver explaining how the loss of his license was causing him hardship. He would swear to never drink and drive again and would submit letters or affidavits from 3 people attesting to his good character. Reinstatement was almost automatic.

After this information became public, Jim Edgar, a state representative from the Charleston area, vowed to take on the liquor lobby. He rode the political wave to huge electoral success as Illinois Secretary of State (and later became Governor).

Thus was born the more rigorous Secretary of State administrative hearing process. Suffice it to say that the Secretary of State takes any driving-related fatality, particularly those involving alcohol or other drugs, very seriously, as does the Illinois General Assembly.

Until January 1, 2011, the Secretary of State (SOS) could, but was not required, to suspend or revoke the driving privileges of an at-fault driver who was involved in a non alcohol-related fatality. 625 ILCS 5/6-206(a)(4); 92 Illinois Administrative Code (IAC) §1040.46. The driver’s license sanction the SOS imposed depended upon the number of points accumulated on the driving record, in accordance with this administrative rule.

In 2009, a young lady, while texting and driving, struck and killed a bicyclist. Her offense was minor enough that the SOS did not impose any driver’s license sanctions.

Outrage ensued. She killed someone, how can this be! As a result, the law and administrative rules now provide that if you are convicted of a traffic offense that caused a fatal accident, the SOS is required to revoke your driver’s license and you must have a hearing with his office in order to restore your license. 625 ILCS 5/6-205(a)(16); 92 IAC §1040.46(a) and (h).

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Published on: July 8, 2011

Illinois driver’s license reinstatement formal and informal hearings

By Theodore Harvatin

If you lose your driver’s license due to a DUI conviction, you must have a driver’s license hearing with the Illinois Secretary of State in order to obtain any type of driving privileges. You may apply for a restricted permit during the statutory summary suspension period if you are a first offender as defined by 625 ILCS 5/11-500. If you are not a first offender, you are prohibited from having a hearing if your statutory summary suspension has not ended. 625 ILCS 5/6-208.1(g).

Once the suspension terminates, you may be eligible to request reinstatement of your full driving privileges, or you may only be eligible for a restricted driving permit (RDP) if your period of eligibility for reinstatement has not ended. The period of ineligibility for full reinstatement due to a DUI conviction depends upon your prior driving record and upon whether you took or elected not to submit to tests to determine your blood alcohol level. The revocation period (i.e., the period of ineligibility for full reinstatement) will be 1, 5 or 10 years.

During the period that you are ineligible for reinstatement, any application for driving relief requires you to demonstrate undue hardship. Undue hardship is more than mere inconvenience to yourself or others. However, the Fourth District Appellate Court, in Clark v. White, rejected the notion the Secretary of State advanced that if you are managing to get to work, undue hardship is automatically lacking.

Restricted permits may only be issued for purposes of employment (to and from and on the job), ongoing medical appointments for you and/or family members, attendance at support meetings such as Alcoholics Anonymous, substance abuse treatment, court-ordered community service, educational pursuits for you or family members and day care. 625 ILCS 5/6-205(c)(1); 92 Illinois Administrative Code (IAC) §1001.420 (b). Neither the statutes nor the administrative rules authorize granting a permit to seek employment, to drive to the doctor in case of an emergency or to buy groceries.

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Published on: July 1, 2011

Impact of out-of-state DUI offenses in connection with Illinois driving relief

By Theodore Harvatin

An Illinois resident, or any person, whether a resident or not, who holds an Illinois driver’s license, may find an out-of-state Driving Under the Influence (DUI) arrest coming into play at an Illinois driver’s license hearing.

Illinois is one of 45 states that is, at present, a member of the Driver License Compact (DLC). 625 ILCS 5/6-700 et. seq. It is common (and wrong) knowledge that out-of-state DUI offenses enter the driver’s license hearing process only through the DLC.

It is certainly true that the state where the offense occurred may, if it is a member of the DLC, and even if it is not, report a DUI conviction to Illinois. In that case, Illinois will enter a conviction on the Illinois driving record and a discretionary revocation. The length of the revocation will be the same as if it were an in-state conviction. 625 ILCS 5/6-208 (explicitly including out-of-state offenses in the calculation).

Thus, a first conviction leads to a 1 year revocation, a second conviction causes a 5 year revocation if the prior conviction was within the preceding 20 years and a third conviction will yield a 10 year revocation. 625 ILCS 5/6-208 b) 1-4 If any fourth or more conviction results from an arrest that occurred on or after January, 1, 1999, there is a lifetime ban on any type of driving relief, even a restricted license. 625 ILCS 5/6-208(b)4; 92 Illinois Administrative Code §1001.420(o)

These rules determine when a person is eligible to petition for driving relief, assuming the statutory summary suspension has ended. But the drug and alcohol evaluation that determines an offender’s risk classification (minimal, moderate, significant or high risk) is driven in part by the number of “DUI dispositions“. Out-of-state dispositions must be included. It is not that difficult of a concept to grasp when all the offenses are shown on the driving abstract.

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Published on: June 24, 2011

Negotiating the Illinois Secretary of State’s administrative rules pertaining to risk levels

By Theodore Harvatin

In Illinois, the rules and regulations that govern administrative agencies are found in the Illinois Administrative Code (“IAC”). These rules must be promulgated in accordance with the Administrative Procedure Act (“APA”) 5 ILCS 100/1-1 et. seq.

In general, a proposed rule is published in the Illinois Register, giving the public an opportunity to comment and in some cases testify about the proposed rule before the Joint Committee on Administrative Rules (“JCAR”). JCAR is a joint committee of the Illinois Senate and House whose duty is to review proposed administrative rules.

The Illinois Secretary of State is an “administrative agency”. As such, his office is subject to the APA and the IAC. Clingenpeel v. Edgar, 133 Ill.App.3d 507, 487 N.E.2d 1172 (4th Dist. 1985). (Coincidentally, the Secretary of State is the record keeper for the administrative rules of all state agencies).

The IAC applicable to the Secretary of State is found at Title 92 (Transportation), Chapter II, beginning at part 1000. In addition, in some circumstances, the rules and regulations of the Secretary of State cross over into those that govern the Division of Alcohol and Substance Abuse (“DASA”). DASA’s pertnient rules are at 77 IAC §2060.101
When someone who is arrested for DUI is subsequently found guilty of that offense, the court will probably require the offender to obtain a drug and alcohol evaluation. The contents and form of the evaluation are governed by DASA rules.

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Published on: June 17, 2011

Illinois restricted driving permit (RDP) and undue hardship

By Theodore Harvatin

When you receive a DUI (Driving Under the Influence) in Illinois, you face different types of driver’s license consequences. Your particular situation will govern where you go for driving relief and when.

At the time of a DUI arrest, the police will ask you to submit to testing to determine your blood alcohol level. If you agree to testing that discloses a level above .08, your driver’s license is subject to being suspended. If you do not agree to testing, you will also be suspended.

In either case, the suspense takes effect even if you are not convicted of the DUI charge. You avoid a suspension only if you take a test and blow under .08.

A suspension ends after a definite period of time. The length of your suspension depends upon your previous DUI record and upon whether or not you agreed to testing.

If you refused testing and you have not had a DUI arrest in the previous 5 years, you will be suspended for 1 year. If you refuse and have had a DUI in the previous 5 years, the suspension will run for 3 years. At no time during the 1 or 3 year suspension can you apply for any driving relief, including a hardship license.

If you agree to a test and have not had a DUI in the prior 5 years, your license will be suspended for 6 months. If you refuse to take a test and have not had a DUI in the previous 5 years, your license will be suspended for 1 year.

During the first 30 days of a suspension for someone who has not had a DUI in the previous 5 years, you are not allowed to drive. After that 30 days, you are eligible to receive an MDDP. As long as you qualify for an MDDP, the Secretary of State will issue it to you automatically without a hearing.

However, if you are convicted of the DUI, either before or after your suspension ends, your driver’s license will be revoked. At that point, you will be required to appear at an administrative driver’s license hearing before the Illinois Secretary of State in order to request a work permit (“restricted driving permit, or RDP). In other words, revoked driving privileges are not automatically restored. A hearing is necessary.

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Published on: June 10, 2011

Illinois DUI and other alcohol related offenses for young adults

By Theodore Harvatin

Illinois law has special provisions pertaining young adults (those under the age of 21) who experience alcohol related incidents. Perhaps surprisingly, several of these offenses can cause a suspension or revocation of driving privileges even though they were not committed in a driving-related context.

A suspension is for a definite period of time. When the time period ends, your license will be returned to you automatically provided it is not otherwise valid. By comparison, if your driver’s license is revoked, you must have a Secretary of State hearing at which you will be required to prove that you are entitled to restoration of your driving privileges.

If you are under 21 and receive a traffic ticket and the officer suspects that you may have been drinking, you will be asked to take a breath test. If you take the test and register above .00, or if you decline to take the test, you will be subject to a driver’s license suspension under the Zero Tolerance (“ZT”) laws. Driving with any amount of alcohol in your system is illegal.

If you do blow over .00, your license will be suspended for 3 months. If you refuse to blow, you will be suspended for 6 months.

If this is your second ZT ticket and you blow over .00, your license will be suspended for 1 year. If you refuse, it will be suspended for 2 years.

As a young adult, if you are convicted of illegal transportation of alcohol (open container in your vehicle) as a driver, your license will be suspended for 12 months. If you are convicted twice of that offense, your license will be revoked for a minimum of 12 months, following which you must have a Secretary of State hearing.

Those under 21 can have their driver’s license suspended for conduct that, if committed by someone over 21, would have no consequences. The Liquor Control Act of 1934 essentially makes it illegal for someone under 21 to possess, consume or purchase alcohol beverages. This is commonly referred to as a “drinking ticket”.

If you receive a drinking ticket while occupying a motor vehicle. your driver’s license will be suspended for 3 months if you receive court supervision for the offense. If you are not granted supervision and are convicted of the offense, your driver’s license will be suspended for 6 months. Prior to a case known as Webb v. White, all drinking tickets result in a 12-month suspension.

The Secretary of State has reasoned that a young adult who is consuming alcohol illegally is at great risk to be the type of person who may drink and drive in the future. The courts, in a case known as Freed vs. Ryan, have accepted this argument.

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Published on: May 20, 2011

Driver’s license revocation in Illinois for refusing Breathalyzer

By Theodore Harvatin

Since 1986, Illinois law has had in place the Statutory Summary Suspension (SSS) law. If, in connection with a DUI arrest, the police ask you to provide a breath or blood sample to analyze your alcohol level, you have the choice of whether to submit or refuse.

If you submit and register over the legal limit of .08, your driver’s license will be suspended automatically on the 46th day after you provide the sample. If you have not had a DUI arrest in the previous 5 years, your license will be suspended for 6 months.

During the first 30 days of the suspension, you are prohibited from driving. For the final 5 months of the suspension, you are entitled to a Monitoring Device Driving Permit (MDDP). That permit allows you to unlimited driving privileges, but you must install a breath machine (BAIID) in your vehicle.

If you register over .08 and have had a DUI arrest in the 5 years before you provide the breath sample, your license will be suspended for 1 year. You cannot receive any type of driving privileges, even a hardship permit, during the year.

The law is designed to encourage you to provide a breath or blood sample because doing so usually makes it easier for the state to convict you of DUI. Therefore, if you refuse to submit a sample and have not had a DUI for at least 5 years, your license will be suspended for a full year. You are entitled to an MDDP during the last 11 months of the suspension.

If you refuse to provide breath or blood and it has been fewer than 5 years since you had a DUI arrest, you will be suspended for 3 years. You cannot drive at all during the entire 3 years.

Although an SSS occurs even if you beat the DUI charges your license will only be suspended. As soon as the suspension is over, your driving privileges will restored upon payment of the fee provided you are not convicted of the DUI.

But if you do not beat the DUI charges, the Secretary of State will revoke your driver’s license. A revoked driver’s license can only be restored through a driver’s license reinstatement hearing. However, until now, before the revocation could occur, the law had usually required the state to prove, beyond a reasonable doubt, that you were guilty of DUI.

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Published on: May 13, 2011

Illinois DUI supervision or probation

By Theodore Harvatin

In the context of Driving Under the Influence (DUI) arrests, Illinois offers three sentencing options. You ought to be aware of these if your DUI lawyer concludes that your Constitutional rights have not been violated, if the state has complied with all procedural requirements and if the evidence against you suggests the state can prove your guilt beyond a reasonable doubt.

Most people unfamiliar with the criminal justice system consider crime to consist of offenses such as murder, rape and robbery. They are crimes, felonies. However, DUI is also a crime, a lower level crime known in Illinois as a misdemeanor. (In some circumstances, DUI is a felony but a first or second offense is a misdemeanor).

An act is a crime if our elected officials (the Illinois General Assembly) have declared that committing the act is illegal and if the consequences of committing the illegal act include monetary fines and/or jail or prison time. “Jail” refers to incarceration (lock-up) in the county jail; “prison” refers to incarceration in a state prison under the control of the Illinois Department of Corrections.

You may be aware that a DUI arrest also carriers with it driver’s license consequences. Thus, your driver’s license will be suspended if you decline to provide the officer with a breath or blood sample at the time of the arrest, or if you provide a sample that is above the legal limit of .08.

Likewise, if you are convicted of DUI, your driver’s license will be revoked. Unlike a suspension, which ends automatically, you may, following a driver’s license revocation, only get your license back by having a driver’s license hearing.

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Published on: April 15, 2011

Driver’s License Reinstatement Fact Sheet

By Theodore Harvatin

If you are arrested for Driving Under the Influence (DUI) in the State of Illinois, you immediately have two cases. One involves the criminal case (jail, fines, probation etc). The other involves the driver’s license.

Your driver’s license will be suspended for a period of time, anywhere from 6 months to 3 years, depending upon your driving record and whether or not you agreed to provide a breath or blood sample to the police. If you have not had a DUI arrest in the previous 5 years, you are a “first offender”. As such, your driver’s license will be suspended for 6 months if you submit to testing and 12 months if you refuse to submit to testing.

If you have had a DUI arrest in the previous 5 years, you are not a first offender. You will be suspended for 1 year if you submit to testing and 3 years if you refuse testing.

A non first offender is not entitled to any sort of driving privileges. You will not be able to drive for the entire suspension period, be that 1 year or 3 years.

A first offender can, after the first 30 days of a suspension, receive a Monitoring Device Driving Permit (MDDP). If you want one, it will cost you, both in fees to the state and to the facility that installs and monitors the breath testing device installed in your ignition system (BAIID). However, with an MDDP, you can drive anywhere, at any time, for any reason.

A suspension has an automatic ending date. When that date comes, you simple pay a fee and your driving privileges will be restored. The bigger problem arises if you are ultimately convicted of the DUI charge. Now your license is revoked for 1 year, 5 years or 10 years, depending upon whether you have any previous DUI convictions on your record.

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