Secretary of State Formal Administrative Hearing Level II – Significant Risk In the Matter of the Revocation of the Driver’s License and Driving Privileges of D.D.
Our client came to us after receiving two DUI's in a span of eight years, as well as an illegal transportation of alcohol charge several years prior to his first DUI. He was BAIID mandatory due to the fact that both of his DUI's were within a ten-year span, which meant that he had to petition the Court for a restricted driving permit prior to being fully reinstated on his driver's license. The client was 37 years old at the time and needed to drive to work to provide for his family. Our client had not had any driving while suspended charges on his record.
Our client admitted that he was problem drinker to the Secretary of State as he was a significant risk. We had referred him to a treatment provider several months prior to going to the hearing so that he could be evaluated and account for his problem drinking, as well as the abuse of alcohol that occurred in between the DUI's. Our client also testified to the Secretary of State that he had the following symptoms of alcohol abuse/dependence in accord with the DSM-IV: Increased tolerance, hangovers and stress-relief use. However, our client had no alcohol-related blackouts, no loss of control or an inability to stop drinking, no withdrawal symptoms when he did stop drinking and no binge use of alcohol. Further, there were no significant other concerns or complaints relative to his use.
After finding that our client had performed all the necessary evaluation, treatment and after-care and finding the fact that he was credible on his use of alcohol or lack thereof, the Secretary of State granted our client a restricted driving permit on the BAIID device of which he performed that span successfully.