Chicago Driver's License Reinstatement Lawyers
Illinois License Revocations and Suspensions
Revocation of one’s driving privileges is defined under Illinois law as “termination by a formal action of the Secretary of a person’s license or privilege to operate a motor vehicle on the public highways.” 625 ILCS 5/1-176. Revocation will generally occur for a mandatory one year term, after which the petitioner can make an application to the Secretary of State for reinstatement of one’s driving privileges. A conviction for driving under the influence of alcohol (DUI) will provoke a revocation of one’s license in Illinois for one year, and reinstatement will be allowed only if after that term the Petitioner shows that the granting of reinstatement will not endanger the public safety or welfare. However, in at least seven situations, the revocation will last more than one year:
- Two or more DUI convictions, a conviction for leaving the scene of an accident involving injury or death, or reckless homicide, must wait five years from the last conviction to apply for reinstatement;
- Three or more of the above convictions must wait ten years to apply for reinstatement;
- Four or more convictions are prohibited from being granted reinstatement;
- Persons convicted of leaving the scene of an accident involving injury or death can apply at the earliest three years from the date of revocation;
- Reckless homicide convictions must wait two years from revocation or 24 months from release from imprisonment, whichever is longer;
- A third conviction of driving while license revoked when the revocation resulted from a conviction for reckless homicide is prohibited from applying for reinstatement;
- Persons under 21 who have revoked licenses for a DUI conviction face distinct rules.
Often, a restricted driving permit (RDP) may be available under Illinois law to a person who can show hardship if driving were prohibited for the purpose of employment medical needs, or for educational goals.
The hearing to reinstate one’s driving privileges must include an array of well developed and properly prepared evidence, all directed to illustrating properly to the hearing officers that the Petitioner is no longer a danger to the community, and accepts profoundly his or her past errors. The Petitioner who is unaware of his prior behaviors or not ashamed of them will not prevail: the hearing officers want to know this is the case and look for several important indicia of this during a hearing.