I have a revoked Illinois Driver’s License; how do I get it back?

If the state revokes your Illinois driver’s license, you have two options to have it reinstated: fix the problem or have a hearing.

Option 1 (Fix the Issue):

First, you may have the option to return to court to address the item that caused the state to revoke your license in the first place.  For example, if the state revokes your license because you failed to complete all of the treatment on a DUI case, you might be able to go back to court and show the court that you have done the treatment.  The judge has the power to remove a conviction, and this would reinstate your driver’s license.  Learn more about vacating a ticket HERE.

 

Option 2 (If Option One Is Not Possible, You Need a Hearing):

You will have to ask the Illinois Secretary of State to reinstate your driver’s license.  This method of asking is called a hearing.  There are two types of hearings you can use to get the state to reinstate your driver’s license: formal and informal.

What Type of Hearing Do You Need?

The type of hearing you will need depends on the specific reason the state revoked your license.  As a general rule, you will need a formal hearing when the state revokes your driver’s license for a more serious reason.

 

Examples:

Two or more DUIs = a formal hearing.  One conviction for DUI (no prior court supervision for DUI) = an informal hearing.  Being caught using fraudulent identification (a fake ID) and being found guilty of using the ID = an informal hearing.  If the state suspends your license and you would like to drive to and from your job, an informal hearing is necessary.

Generally, you can attend an informal proceeding to request that the state grant you a Restrictive Driver’s Permit (RDP).  However, if you would like to contest the fact that it was not you using a fraudulent ID, you can request a formal hearing with the Illinois Secretary of State and present your case.

 

Formal Hearing:

We have to schedule a Formal Hearing in advance through the Illinois Secretary of State. The Illinois Secretary of State requires a $50.00 payment in addition to a written request to schedule a hearing.  As an attorney representing a client at a hearing, I want to make the request.  This is because the request for the hearing becomes an exhibit at the hearing.  I do not want it to appear that you started the process without an attorney and then hired me.  I want the Illinois Secretary of State to know that I was involved in representing my client at a hearing from the beginning.  More specific information about a Formal Hearing can be located HERE.

 

Informal Hearing:

An Informal Hearing does not require a $50.00 payment.  It also does not require any advance notice.  However, legal representation is still necessary.  An Informal Hearing is as serious as a Formal Hearing because the state requires the same documents, and you must testify at both.  Detailed information about an Informal Hearing can be found HERE.

 

Out-of-State DUI on an Illinois License:

If you received an out-of-state DUI on an Illinois driver’s license, a conviction will revoke your license.

 

 

For more specific information from Attorney Young, call for a no-obligation consultation.