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 M.D.
Our client initially came to us after she had been arrested for DUI in the state of Illinois on three different occasions over a span of 24 years. The Secretary of State checked the Problem Driver Pointer System to see if she had any DUI arrests outside the state of Illinois and the PDPS report came back clean. When our client first came to us, we recommended that she attend and complete a DUI education course and treatment at the Level II Significant Risk classification through a treatment provider that we referred her to. After completing that, we prepared our client and went to a hearing with the Secretary of State and the Secretary of State found that our client had experienced increased tolerance and hangovers as symptoms of abuse and dependence in her drinking. Our client also testified that she was a problem drinker when she was abusing alcohol.
After the treatment, our client did not completely stop drinking, but testified to the Secretary of State that she changed her pattern to a non-problematic use of one to two beers, one to two times per month. Our client also testified that she intended to maintain her non-problematic pattern of use indefinitely, and the Secretary of State found that her resolved appeared to be sincere. This was corroborated by the fact that the treatment provider indicated to the Secretary of State that our client appears to have met all her treatment goals and objectives and that there were no new recommendations for intervention.
Our client also testified that her drinking problem previously was due to peer pressure and stress. After the classes and treatment, she learned positive ways to deal with that stress and that she needed to make lifestyle changes. She changed her lifestyle in that she now exercises, she changed her friends and she spends more time with her family and enjoys walking her dog. Our client also testified to the Secretary of State that she did take some prescription medication and after submitting a medical report, indicating that the doctor would allow her to drink alcohol occasionally and that this prescription medication would not prevent or hinder her driving at all, the Secretary of State found that our client had carried her burden of proving that she had resolved her alcohol problem and that she would be a safe and responsible driver if granted relief. Our client was granted a restricted driving permit and after the restricted driving permit when she was required by the Secretary of State of Illinois to drive on a restricted basis with a BAIID (breath alcohol ignition interlock device) on her car, our client successfully completed the BAIID restricted driving permit and we proceeded to a formal administrative hearing wherein our client was granted full driver's license reinstatement in the state of Illinois.