Formal Administrative Hearing Level II – Significant Risk In the Matter of the Revocation of the Driver’s License and Driving Privileges of S.M.
Our client came to us after he had received two DUI's over the course of a 16-year span. The first DUI registered a 0.19 blood alcohol level and the second DUI registered a 0.19 blood alcohol level. In addition to that, and of great importance, was our client had been arrested at least ten times after his DUI's for driving during a period when his driving privileges were revoked or suspended in the state of Illinois. Both DUI's occurred inside the state of Illinois. We recommended that our client attend and successfully complete a DUI education course and treatment appropriate for his Level II Significant classification and he was referred to a treatment provider who analyzed him and did agree with the Level II Significant classification.
Our client had to testify at the Hearing as to how much alcohol he drank in the twelve months prior to both of his DUI's, as well as what his drinking pattern was in between his two DUI's. Our client admitted that during that span he was a problem drinker and user of alcohol and that he had hangovers and increased tolerance as part of his abuse and dependent symptoms. The Secretary of State found his testimony credible after the treatment provider found that our client had a favorable prognosis.
Our petitioner testified that his drinking problem was due to having abused alcohol because of peer pressure and an irresponsible attitude toward alcohol. He learned that he abused alcohol, the physical and emotional problems caused by alcohol abuse and what causes abuse of alcohol. He made significant changes to his lifestyle by spending more time with his family, going to his children's sporting events and coaching and helping friends to do home projects. After all of this testimony and indicating that he no longer drinks alcohol at all, but is not dependent on alcohol, the Secretary of State found that our client had carried his burden of proving that he had resolved his alcohol problem and that he would be a safe and responsible driver if granted driving relief. Therefore, the Secretary of State granted him a restricted driving permit for one year with a mandatory BAIID (breath alcohol ignition interlock device) on his car. After successfully completing the restricted driving permit, our client was then granted full reinstatement of his driving privileges and his license in Illinois is now clear.