License Reinstatement FAQ's

Is There A “Statute Of Limitation” Whereby After A Certain Period Of Time Illinois Simply Clears The Revocation Especially If I No Longer Reside There?

NO. Once you are revoked, the only way you can clear the “Illinois Stop” and receive driving privileges in the state you now reside, is to successfully complete an Administrative Hearing. This can be either an In-State Hearing or via the Out of State Petition. There is NO period of time within which you can wait, where after the revocation will be cleared on its own.

How Long Will It Take To Clear The Illinois Stop?

In most situations, our clients are able to submit their Out of State Petition within two (2) months of retaining our office, which usually results in the clearance of the Illinois stop. This allows them to obtain valid driving privileges in the state they now reside.

What Is The Difference Between A Suspension And A Revocation?

A Suspension is a temporary loss of driving privileges for a specified period of time. You receive a “Notice of Suspension” in the mail from the Secretary of State which delineates the period of time your driving privileges have been suspended for. At the end of the suspension. a person will be automatically reinstated upon payment of the required reinstatement fee assuming no other “stops” are on your driving record. You should pay your reinstatement fee as early as allowed by the Secretary of State to ensure there will be no delay to your receipt of driving privileges.

A Revocation is the indefinite loss of driving privileges. There is no automatic reinstatement following a revocation even if the reinstatement fee is paid. A person who is revoked receives “Notice of Revocation” in the mail from the Secretary of State which assigns a start date of revocation and a projected eligibility date (This being the date you are first allowed to “ask” for full reinstatement of your driving privileges). In all instances upon being revoked a person cannot legally drive again until they attend a Administrative Hearing at the Secretary of State Office and are granted driving relief. Your period of Revocation will be determined by the offenses on your record.

A first DUI conviction results in a one (1) year revocation; a second conviction within twenty (20) years results in a five (5) year revocation and a third DUI conviction no matter what the time frame involved results in a ten (10) year revocation.

If a person receives a fourth DUI conviction and this arrest occurs on or after January 1st, 1999 the individual will become permanently revoked and is unable to request any form of driving relief in Illinois (and very likely all other states too).

What Is Burden Of Proof?

Petitioners who attend a Hearing before their Projected Eligibility Date and therefore are not eligible for full reinstatement of driving privileges at the time of their Hearing must prove that there is no reasonable alternative means of transportation available, and that they will not endanger the public safety or welfare, and that an under hardship will result if they are not issued a restricted driving permit (RDP). The Secretary of State does not weigh the nature or extent of a Petitioner’s hardship against the risk he/she poses to the public safety and welfare. Rather, the Petitioner must first carry his/her burden of proving that he/she will not endanger the public safety and welfare in order for the Secretary of State to then consider whether the Petitioner has an Undue Hardship.

Remember that it is your burden of proof. This is unlike criminal court whereat the prosecutor had the burden of proving you guilty beyond any reasonable doubt. At the Administrative Hearing the burden shifts to You to prove by clear and convincing evidence the following:



The nature and extent of a Petitioner’s alcohol/drug problem.
Whether Petitioner’s alcohol/drug problem has been resolved and;
Whether the Petitioners will be a safe and responsible driver.
You can determine whether you are eligible for full reinstatement by checking your “projected eligibility” date. This date is located in the upper right hand corner of your most recently received “Notice of Revocation”.

Formal Hearings are currently held in four (4) locations throughout the state of Illinois—Chicago, Joliet, Springfield and Mount Vernon. To schedule a Formal Hearing you must make a written request to the Secretary of State, where after the Secretary will schedule a firm date and time for your Hearing and provide you with written notice of the same. There is a fifty ($50) dollar fee which must be submitted along with your Request for Hearing. You will typically be assigned a Hearing date about six (6) weeks after your request for Hearing was submitted. When you attend a Formal Hearing either on your own (not recommended) or with a qualified attorney who practices in this area of concentration, there will be representatives of the Secretary of State present. The Hearing Officer’s job is to listen to the testimony and render a recommendation of grant or denial of driving relief. The Prosecutor’s job is to cross examine you in a detailed fashion seeking out any inconsistencies or weaknesses in your testimony or other written evidence you have introduced. Formal Hearings are tape recorded and you have the right to request a copy of the tape within 35 days of the entry of your “Order”. At the conclusion of the Hearing, you do not get an immediate decision from the Hearing Officer, rather the case is taken under advisement and the final Order is generally mailed 4-8 weeks later. The decision from the Secretary of State will either result in the grant or denial of driving relief. If you are denied, you can attend another Formal Hearing no less than 90 days following the date of the previous Hearing or you may Appeal the Formal Hearing decision to the Circuit Court. Please note that there are technical rules which must be complied with including specific time frames to properly appeal your Hearing decision. Be aware that if you are granted, you will not receive your Restricted Driving Permit in the mail with your Hearing decision. This decision will contain a list of additional requirements which must be complied with to satisfy the Secretary of State. Upon completion of these requirements, you will then receive your Restricted Driving Permit in the mail.

What Is A Restricted Driving Permit?

A restricted driving permit is that document which grants and specifies limited privileges to drivers of motor vehicles who have their driving privileges suspended, revoked or cancelled. The restricted driving permit is valid only when signed and in the immediate possession of the driver to whom it was issued. Restricted driving permits limit the operation of a motor vehicle to certain days, hours, mile radius and purpose. If you are driving outside of any of these parameters, you are in violation of the restricted permit and you are considered at that point to be driving while suspended or revoked, and if stopped can be issued a citation for such. If you are convicted of any “moving violations” while on the RDP, the Secretary of State, upon notice from the court will send a Notice of Cancellation of your permit whereupon you will need to re-initiate the Hearing process in hopes of regaining privileges.

Typically a Restricted Driving Permit (if granted) is issued for a twelve (12) month period of time. The Secretary of State has a 75% Rule which essentially means a Petitioner, who is driving on a restricted driving permit will not be considered for reinstatement of driving privileges, even if otherwise eligible for reinstatement, unless he/she has successfully driven on the RDP for 75% of its length of time issued or has driven continuously on the current permit and a previously issued permit for a total of at least nine (9) months at the time the Petitioner becomes eligible for reinstatement. A Petitioner cannot seek full reinstatement of driving privileges no matter how long they have operated on a RDP unless their projected eligibility for full reinstatement has arrived. Under rare circumstances, a Petitioner may appeal to the Director of the Department for a waiver of the 75% rule when exigent circumstances would warrant consideration. An example of an exigent circumstance would be a situation where the Petitioner would be prevented from being able to meet this requirement ­such as moving out of state.

The Secretary Of States’ Statement Of Principle And Purpose Is As follows;

In cases in which a person’s drivers license and driving privileges are suspended or revoked, the Secretary has been given the following statutory mandate: “In no event shall the Secretary issue such license unless and until such person has had a Hearing pursuant to the Code and the appropriate Administrative rules and the Secretary is satisfied, after a review or investigation of such person that to grant the privilege of driving a motor vehicle on the highways will not endanger the public safety or welfare.”

A person seeking driving privileges after a suspension or revocation must apply for an Administrative Hearing before the Office of the Secretary of State. Generally speaking, unless you are properly prepared and have become knowledgeable in all of the applicable rules, statutes and burdens of proof, the likelihood of a favorable decision is not good. The administrative rules and statutes applicable to these Hearings can be quite confusing to the lay person and the Hearing process becomes increasingly more difficult and complex when these rules are enforced by a knowledgeable Prosecutor and Hearing Officer, whose mission is to protect the public safety. We all have had Life Experiences, whereas we attempt to do something in which we have no experience or expertise, only to fail miserably at the task.

I Receive A Notice Of Revocation. What Does “Projected Eligibility” Date Mean?

Once you are revoked, the only way you will ever receive driving privileges is to go through the Secretary of State Hearing process successfully. Your projected eligibility date is merely the date on which you are first allowed to seek the return of “full reinstatement of your driving privileges.” In most situations, you are eligible to ask for restricted driving privileges, even before your projected eligibility date. Indeed, we recommend that you seek driving privileges as soon as possible, as the sooner you prove to the Secretary of State that you can and will be a safe and responsible driver on a restricted permit, the sooner you will be able to regain your full driving privileges. When you are seeking privileges prior to your projected eligibility date, you must prove as a necessary element of your case “Undue Hardship”. Our office can guide and prepare you for the complicated Hearing process so that you can achieve driving relief as soon as possible typically at the first Hearing.

Level II Moderate

This classification applies to someone who has only one (1) DUI arrest (as above) and who either refused the breath test or achieved a BAC score of .15 – .19. Again, there cannot be present any symptoms of abuse or dependence. If you are classified as a Level II Moderate, you must complete the ten (10) hours (DRE) as outlined above and in addition twelve (12) hours of Early Intervention Alcohol Counseling.

Level II Significant



This classification applies to someone who is not identified as dependent on alcohol or drugs and who, in addition to their most recent DUI disposition, has a prior supervision or conviction for DUI or a prior reckless driving conviction reduced from DUI or one (1) prior statutory summary suspension. Additionally, anyone who has a BAC of .20 or higher on his current arrest for DUI, regardless of whether there was a prior DUI, must be classified at least as a Level II Significant. If you are classified as Level II Significant, you must complete “ten (10) hours of DRE” and additionally, must undergo at least twenty (20) hours of primary alcohol counseling and fulfill an aftercare (continuing care) program thereafter. A typical aftercare (continuing care) program would consist of follow up appointments one (1) time a month, for six (6) months, or two (2) times per month for three (3) months, the purpose is to reinforce the gains achieved from the completion of primary care/counseling.

Level III High Risk (Dependent)



This classification applies to anyone who exhibits three (3) or more symptoms of dependence (regardless of the number of DUI arrests). If you are classified as Level III Dependent, you will not need to complete ten (10) hours of Driver’s Risk Education (DRE), however you must complete either seventy five (75) hours of intensive out- patient counseling/treatment or alternatively an inpatient treatment program. Additionally you must demonstrate “Abstinence” from all alcohol and drugs for at least 12 months prior to your Hearing. (Note: There is an exception to the 12 month abstinence rule which is for those who have more than six (6) months abstinence but less then twelve (12) and who are working an exemplary support program. Although these individuals can be considered for driving relief—It has been this attorney’s understanding that very few individuals are granted relief under this exception to the rule, as the duty imposed upon the Secretary of State to protect the general public typically prevail. Additionally, you must demonstrate active involvement in a support program such as AA. The Secretary of State considers AA to be a traditional support program due to the programs wide spread notoriety and overall level of success in helping individuals remain sober. The Secretary of State will consider non-traditional support programs such as church, family and friends, or other structured “AA type” programs in their various versions. The Secretary of State must be satisfied the program is sufficient to provide appropriate support to help you remain abstinent. 

What is SR-22 Insurance?
Revocations

In addition to accident suspensions, unsatisfied judgments and mandatory insurance offenses, the Safety and Financial Responsibility Section is also responsible for accepting and monitoring financial responsibility filings (SR-22) on revocations. Under the provisions of the Illinois Vehicle Code, any individual revoked in Illinois is required to file SR-22 insurance before driving privileges may be reinstated, or a restricted driving permit issued. The insurance must be maintained for a period of three (3) years. If the motorist fails to renew or cancels the SR-22 policy, the Secretary of State will enter a suspension (Type action 05) on his/her driving record. This suspension cannot be removed until the insurance filing has been reinstated (Authority Section ILCS 5/7-305).

Financial Responsibility Insurance

The SR-22 Certificate

Financial Responsibility Insurance is required in Illinois for individuals involved in an uninsured accident and suspended administratively through the Safety Responsibility Law; individuals with a record of unsatisfied judgment resulting from an uninsured crash; individuals with revocations on his/her driving record; and individuals with mandatory insurance violations (supervision or three or more convictions). The insurance must be submitted on a Financial Responsibility Certificate (SR-22) from the home office of the insurance company. The issuing insurance company must be authorized to write financial responsibility insurance in Illinois and have a list of authorized agents on file with S&FR.

Out-of-State Residents

Out-of-state residents may submit evidence of insurance coverage in lieu of an Illinois SR-22 certificate (625 ILCS 5/7-316.1). The SR-22 is waived once the individual moves out of state and submits the proper paper work to our office. The requirement would be reinstated if the individual moved back in Illinois during a three-year period.

The SR-22 Waiver Law provides that any nonresident or former Illinois residents who have met all requirements for restoration of driving privileges under the Safety and Financial Responsibility Law except filing proof of financial responsibility, shall be released from the Illinois proof of financial responsibility requirement if he or she resides outside of Illinois and has applied for a license in another state.



Our office requires proof of non-residency in the form of an Out-of-State Waiver Affidavit. If the individual returns to Illinois within three years and cannot show proof of insurance for the required filing time during the period of non-residency, the FR requirement will be reinstated.

Financial Responsibility Insurance (SR-22) is the only mechanism in place in Illinois to monitor the insurance of problem drivers, and allows us to suspend upon cancellation or expiration. Through the SR-22 and SR-26 process mandatory insurance is enforced in the most efficient way. Through the S & FR law, our office is protecting Illinois citizens from uninsured motorists.

Educational. A Petitioner seeking an educational RDP must be currently enrolled, or intend to enroll for the next available session, in an accredited educational institution for the purpose of taking an accredited educational course or courses. Prior to the issuance of any educational RDP, the Petitioner must submit verification of enrollment from the institution. The verification shall be on a form provided by the Secretary of State.

Support/Recovery. A Petitioner seeking a support/recovery program RDP must provide written documentation from members of the group or program, that he/she has been attending meetings on a regular basis.

Family Education and/or Day Care. This permit allows a Petitioner to take their children to and from school and/or daycare. It also allows a Petitioner to take a child to and from activities related to school which are scheduled immediately before and after regular school hours.


Remember that if you are in hard time (i.e. your projected eligibility date has not yet arrived), you will have to prove “Undue Hardship” to be considered for restricted driving privileges. Your projected eligibility date is stated in the upper right hand corner of your most recently received Notice of Revocation.