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 R.O.
Our client came to us in an effort to get his Illinois driver's license reinstated after having been revoked for several years. This client had three DUI arrests over a 28-year period, all of which resulted in convictions in the state of Illinois. In addition to that, our client had been charged at least once with driving while suspended, and revoked charges subsequent to his driver's license revocation. Further, because this client had received two DUI's in the past ten years, he was BAIID mandatory, which means that he had to have to have the breath alcohol ignition interlock device installed in his car for a period of one year prior to being fully reinstated.
At the hearing, our client testified that he had two symptoms of alcohol abuse/dependence, which were hangovers and increased tolerance. Further, our client admitted that he was a problem drinker and that he abused alcohol whenever he drank to intoxication. Our client also acknowledged his past alcohol abuse and indicated to the Secretary of State that he did have problems with alcohol independent of his DUI arrests, which was evidenced by his driving under the influence on occasions other than his three DUI arrests. He indicated to the Secretary of State that he let his family down.
When our client came to see us, he had done no treatment whatsoever and we sent him to an independent treatment provider, where he completed his treatment and was reevaluated. At that treatment provider, our client learned why he had a drinking problem and through that he gained an understanding of the abuse and dependency symptoms, the need for setting limits when drinking and how alcohol impaired his judgement and his physical abilities. After learning this, he made significant changes to his lifestyle by joining a real estate investment club, exercising regularly, taking his dogs to the park, golfing and reading and spending more time with his family. Our client also stopped drinking and had not consumed any alcohol for more than two years by the time his hearing began.
The Secretary of State found that for the above reasons, our petitioner had carried his burden of proving that he had satisfactorily addressed his alcohol problem and that he would be a safe and responsible driver. Therefore, the Secretary of State recommended that our client be granted driving relief and he was put on a restricted driving permit as a probationary device in lieu of the reinstatement of his driving privileges. Our client will also be eligible for full reinstatement after the mandatory time period of the restricted driving permit under the BAIID device is completed.