Illinois Driver’s License Reinstatement Lawyers
Get Behind the
Wheel Again!

Contact Alan R. Kurash to get your Illinois
driver’s license reinstated now 630.908.7680

DUI License
Revocation

Contact Alan R. Kurash to get your Illinois
driver’s license reinstated now 630.908.7680

Out of State
License Reinstated!

Contact Alan R. Kurash to get your Illinois
driver’s license reinstated now 630.908.7680

Restore Your
Driving Privileges

Contact Alan R. Kurash to get your Illinois
driver’s license reinstated now 630.908.7680

I got my driver’s
license back!

Contact Alan R. Kurash to get your Illinois
driver’s license reinstated now 630.908.7680

Zero Tolerance Law

If a driver under 21 years old has had any alcohol and is pulled over, they may be cited for violating the Illinois Zero Tolerance Law. A violation of the law does not mean there will be a criminal violation unless the driver is also charged with something in addition, including transporting alcohol illegally or possession of alcohol by a minor.

If someone under the age of 21 has been cited for any type of violation of the vehicle code and if the officer had reason to believe that the person has consumed any alcohol, they may request that the driver submit to a breath, blood or urine test. If they submit to the test and if their BAC is over .00 or if they refuse to submit to testing, their license will be suspended.

If the driver has not been previously suspended under the Zero Tolerance Law:

  • They will receive a suspension for 3 months if they submitted to testing and failed
  • They will receive a suspension for 6 months if they refused testing

If the driver has been previously suspended under the Zero Tolerance Law:

  • They will receive a suspension for 1 year if they submitted to and failed testing
  • They will receive a suspension of 2 years if they refused testing

If it is necessary, the police officer will file a notice of the suspension with the Secretary of State and the Secretary of State will then send a confirmation of the suspension to the driver. The driver is allowed to file a petition to reinstate their driver’s license with the Office of the Secretary of State under Illinois Law. The instances for doing so include:

  • If the driver did submit to and fail testing
  • If the driver had in fact been warned by the police officer as to the consequences of refusing testing or submitting and failing testing
  • If the driver had consumed alcohol because of a religious ceremony or if the alcohol was consumed as a part of a prescribed medical dosage
  • If the person was given a citation for a traffic violation
  • If the police officer did in fact have probable cause to believe that the driver had been driving on the public highway and if they had committed a traffic violation
  • If the police officer did in fact have probable cause to believe the driver had consumed alcohol

On any zero tolerance issues, the burden of proof is with the driver and not with the Secretary of State. The driver may request a Restricted Driving Permit (RDP) if their suspension remains intact. In order to do so, they will be required to complete an Alcohol/Drug Education Awareness Program and questionnaire.

If the BAC was less than .08, the driver will be required to complete an Investigative Alcohol/Drug Evaluation and will also be required to meet any requirements that the evaluator has. If the BAC was .08 or higher, they will need to complete a regular Alcohol/Drug Evaluation Uniform report and will also be required to meet any requirements that the evaluator has.

Once these requirements have been met, the driver may request an administrative hearing with the Secretary of State to ask for an RDP and they must be able to prove that they have a substantial hardship as a result of losing their driving privileges.

Free Consultation with a Chicago DUI Defense Lawyer

The Kurash Law Firm can provide you with answers and solutions to your current situation. There is “No Fee” for your initial consultation. Call us at 630-908-7680 today to get started.