Say your license was revoked but now you are eligible to seek reinstatement of your license. What is the process to having your license reinstated?
In Illinois, there is no automatic restoration of your driver's license if your license was revoked by the State. This means that you have to take action if you want to get your license back. To get your license back you must reapply and qualify for a new license before it can be issued to you. You must also realize that even though you are capable of applying to get your license back, this does not mean you are necessarily entitled to get your license back; there are numerous points in the process where the Office of the Secretary of State could and will decide to not give your license back.
In order to get your license back after revocation due to a DUI, you must otherwise have a clear driving record. This means that you can't have any “holds” on your driving record. For example, an unpaid traffic ticket or missed court date on a ticket can add a hold to your driver's license. You can also have a hold put on your license for unpaid parking tickets or failing to pay child support. In addition, you will have to undergo an alcohol and drug evaluation and submit proof of treatment in order to keep trying to apply for reinstatement of your license. You must also complete an alcohol/drug remedial education program; this has to be done even if the drug and alcohol evaluation did not indicate a drug or alcohol use problem.
In addition, there is a requirement that you have a hearing with a Secretary of State hearing officer. If you have only had one DUI and there were no fatalities, you can request an informal hearing, otherwise there will be a formal hearing (there may be a $50 fee associated with a formal hearing). At the hearing your eligibility for license reinstatement will be assessed and you will be guided toward any further action you must complete. The Office of the Secretary of State will not issue a new license if it is determined at the hearing that granting you the privilege of driving a motor vehicle on Illinois roads will endanger the public safety or welfare. To determine this, the hearing officer will consider the seriousness of the offense, your overall driving record, and the remedial efforts you underwent to prevent future violations. Then you must file proof of financial responsibility, pay a reinstatement fee of $500 and provide proof of valid insurance, pass the driver's license exam, and pay the application fee. Finally, you have to wait until the Secretary of State's office puts your reinstatement onto your driving abstract before you can begin driving.
As you can see, it's a long process to have your license reinstated after your license was revoked because of a DUI. The entire process can be confusing, and it's to your benefit to have a skilled attorney guide you through the process so that you can obtain a great result. The attorneys at John W. Callahan, Ltd. have years of experience handling all sorts of license reinstatement cases and can help you get your license back. Contact us today for representation.
–Posted by John W. Callahan. License reinstatement attorney