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How to Get a License Reinstatement after a DUI Arrest

 Posted on April 17, 2023 in DUI

IL DUI lawyerMost people are aware that if you are convicted of drinking and driving under the influence of drugs or alcohol you could lose your driving privileges. In the state of Illinois, two things can happen. Your driver’s license could be suspended or revoked. So what is the difference? Many criminal offenses, not just traffic violations, call for a suspension or revocation of a person’s license.

License Suspension

Having your driver’s license suspended is the more lenient punishment of the two. That is because driving privileges are suspended for a specific period. Here are some reasons why a driver’s license could be suspended:

  • Failing a chemical test after a DUI arrest
  • Refusing a chemical test after a DUI arrest
  • Having any trace of alcohol in your system if you are under 21 years old
  • Failing to appear in court for a traffic violation
  • Once the specified period passes, a reinstatement fee is paid to get the license back.

License Revocation

The revocation of a driver’s license is more serious and complex. When the period of revocation ends, a person still cannot drive until they attend a hearing with the Illinois Secretary of State to seek a license reinstatement. That is because the violations that led to the revocation are considered more serious including:

  • Being convicted of an aggravated or felony DUI
  • Fleeing the scene of an accident that injured or killed someone
  • Reckless driving
  • Street racing
  • Stealing a motor vehicle

Seeking Reinstatement of Driving Privileges

An informal hearing usually relates to minor traffic offenses and is held on a first-come basis. More serious violations can lead to formal hearings which are similar to courtroom trials and must be scheduled in advance.

The State of Illinois imposes different requirements for drivers depending on whether their license has been revoked or suspended. Drivers who have had their licenses revoked for DUI may be required to undergo drug and alcohol evaluations, complete a substance abuse program, go to a hearing before a Secretary of State officer, demonstrate that they will not endanger the public again if their license is restored, show proof of financial responsibility, and pay the necessary fees.

Restricted Driving

It is against the law to drive when your driver’s license is either suspended or revoked. However, there are exceptions. You could apply to get a restricted driving permit from the Secretary of State. If the SOS grants the permit, folks who lose their driving privileges may be able to drive under restricted hours and certain conditions.

Contact a DUI License Reinstatement Lawyer

At The Law Office of Brian J. Mirandola we understand how difficult life can get without a driver’s license. An experienced Aurora, IL license reinstatement attorney can help you understand your options and guide you toward license reinstatement if necessary. Call 847-488-0889 for a free consultation.

Sources:

https://www.ilsos.gov/departments/BAIID/reinstate.html

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-205#

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