Illinois DUI Revocation Lawyer

• 1 | What are the hours I can drive on a restricted driving permit?
• 2 | How long do I have to drive with a restricted driving  permit?
• 3 | What is the BAIID?
• 4 | Who is BAIID mandatory, or who has to install a BAIID device in their car?
• 5 | What is the Problem Drive Pointer System?
• 6 | What is an RDP?
• 7 | My license was recently revoked as a result of a DUI or DWI  from outside the state of Illinois. What  can I do?
• 8 | My license was recently revoked due to a second  DUI in Illinois. What can I do?
• 9 | My license was recently revoked due to a third DUI in  Illinois. What can I do?
• 10 | My license was recently revoked due to a fourth DUI in  Illinois. Is there anything I can do?
• 11 | My DUI occurred ten or twenty or thirty years ago. Do I still have to go through the formal  reinstatement process or can I just pay a fee to reinstate my driver's license?

1. What are the hours I can drive on a restricted driving permit?

An RDP or Restricted Driving Permit can be issued any day of the week for any hours of the day, as long as the proof is given to the Secretary of State for a need to drive to and from the office or work site.  In addition to just driving to and from the office, the Secretary of State can issue the RDP for work within the scope of employment, so if you are a driver for a company or you are a supervisor or a salesman, you can get a restricted driving permit for employment purposes to drive during the course of work to and from different locations throughout the state of Illinois.  For medical purposes, clients can obtain the restricted driving permit to travel to and from the doctor for any appointments for treatment purposes.  If a client has to go to AA or obtain alcohol counseling, they can obtain a restricted driving permit for treatment purposes as well.

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2. How long do I have to drive with a restricted driving permit?

The restricted driving permit is typically issued for the first twelve months after a person has been revoked, but has already had a formal administrative hearing.  You are ineligible to apply for full reinstatement until you have successfully completed nine months of the restricted driving permit and once the client has done that, what we have typically found is that after successfully completing the time on a restricted driving permit, the next formal hearing for full reinstatement is typically successful.  If a client has had more than two DUI's or has picked up driving while revoked charges that extend the revocation period, the Secretary of State can determine that a client needs to be on a restricted driving permit for several years prior to full reinstatement, so this is something that we need to review with the Secretary of State and a client prior to proceeding to a formal administrative hearing.

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3. What is the BAIID?

The BAIID stands for breath alcohol ignition interlock device.  The breath alcohol ignition interlock device is a device that fits in the car, typically costs between $750 and $1,250 dollars to have in the car for the year and is installed mainly when a person is granted a restricted driving permit through the Secretary of State formal administrative hearing process.  When you have the BAIID device installed in your car, the client must provide a breath sample into the BAIID device prior to starting the vehicle each time.  Once the client is driving the BAIID device will beep and the client will have to submit to the BAIID device at random intervals while they are driving.  The BAIID device, once it is hooked up to the client's car, will allow the car to start, but prevents the person from starting the car if the breath sample registers a 0.05 or higher.  If the client blows into the BAIID and the sample is negative and registers a 0, the patient will be able to start their car without incident. We have had clients who have had some problems with the BAIID device in their car after smoking cigarettes, using mouthwash in the morning after they brush their teeth but prior to going into their car, and one client even reported that he had a problem after eating a pizza at a gourmet pizza shop in a mall, yet having no alcohol.  If you have any questions about the BAIID device and how it can apply to a restricted driving permit, you should call the law offices of John W. Callahan and Michael T. Norris, Ltd. to ask about a BAIID device.

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4. Who is BAIID mandatory, or who has to install a BAIID device in their car?

The BAIID (breath alcohol ignition interlock device)  is mandatory to receive a restricted driving permit for: 1) Persons who have either two or three convictions for driving under the influence at any time in or outside the state of Illinois, or; 2) Has received two statutory summary suspensions which resulted from DUI arrests, or the combination of one DUI with a statutory summary suspension from two separate arrests within the past ten years.  Anyone who falls within those categories must apply for a restricted driving permit through the Secretary of State of Illinois and they must obtain a formal administrative hearing for reinstatement.  If the restricted driving permit is approved, the must pay to the Secretary of State a BAIID fee of $240 and an $8 restricted driving permit fee.  Once all of those fees have been applied, the person will receive information from the Secretary of State with information detailing the exact procedures to have the BAIID device installed.  Some people who are eligible for an informal hearing must also place a BAIID device on their car.  Anybody with two convictions for DUI on their record who are not eligible for full reinstatement of driving privileges may seek to renew their restricted driving permit through an informal hearing for each successive year within their revocation periods.

So, again, the first process is to go through the formal administrative hearing when the client is BAIID mandatory.  Once the client receives a restricted driving permit with the BAIID device on, they can obtain an informal hearing to continue every year to keep the BAIID device and the restricted driving permit until they are ready for full license reinstatement.  Once the client is ready for full license reinstatement, they must then apply for a formal administrative hearing again with the Secretary of State to clear everything up and get off the BAIID device.

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5. What is the Problem Drive Pointer System?

The Problem Drive Pointer System is a computer database that links up all of the various fifty states including states like New York, Florida, Texas, Wisconsin, Michigan, Indiana, California, Arizona and Illinois.  This list is not exhaustive, and many other states are linked into the PDPS system.  What the system does, is it picks up in its database DUI's and other criminal driving charges from one state and links them back to the “home state” where the client currently or at one time had a driver's license.  So, again, the PDPS reports are linking computer networks across the country which can result in the revocation of a driver's license in another state, or will force you to obtain clearance from Illinois before the home state will issue or reissue a driver's license.

An example of what happened to a recent client who lived in Florida and Michigan in the past ten years will shine a light on the PDPS reports.  While the client at one time, more than ten years ago, lived in the state of Illinois and had an Illinois driver's license, he moved to the state of Michigan and no longer had any contact with the state of Illinois.  Unfortunately, he did not close out his Illinois driver's license, and when he picked up a DUI in the state of Michigan, approximately seven years ago, he resolved the case in the state of Michigan.  Michigan never revoked his driver's license for that DUI and he intended to move down to Florida.  What then happened is Illinois through the Problem Drive Pointer System (PDPS) picked up the DUI from Michigan, even though the client no longer lived in Illinois and Illinois issued a hold and a revocation of his driver's license in the state of Illinois.  When the client went to renew his driver's license in Michigan and tried to get a driver's license in Florida, both states denied him a driver's license due to the fact that Illinois had a revocation hold on his license.

The client contacted us.  We were able to set up an alcohol evaluation and treatment for him and we needed to proceed to a formal driver's license hearing in the state of Illinois in order to clear his license so that he could move down to Florida and obtain a valid driver's license down there.  All of this happened with the client not having any contact with the state of Illinois in the past decade.  This serves as an example of how the Problem Driver Pointer System can affect clients who at one time held an Illinois driver's license.

Many clients have asked whether or not this is constitutional and whether or not there is a statute of limitations due to the fact that the DUI's occurred in some cases more than twenty years ago in Illinois yet they have had valid driver's licenses in their states for more than a decade.  The simple answer to that is yes.  Due to the fact that the violation occurred outside of the state of Illinois while the client had an Illinois driver's license.  The Secretary of State's attitude is, that just because they did not find out about it for the past decade, does not mean that the license should not be revoked in the state of Illinois.  So, if you are an out-of-state client, who has recently had a problem renewing your driver's license in your state due to the fact that there was a previous DUI reported to the state of Illinois, contact the law offices of Michael T. Norris and John W. Callahan to attempt to clear your license in the state of Illinois.  Once we do this, you will be able to get a valid driver's license in the current state that you reside in.

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6. What is an RDP?

An RDP is a restricted driving permit issued through the state of Illinois  after someone has gone through the formal administrative hearing process, and had their license somewhat reinstated through the Restricted Driving Permit Program.  It is mandatory that you be placed on a restricted driving permit if you live inside the state of Illinois and have had two DUI arrests within the past ten years.  If this is the case and you are granted a restricted driving permit, you are eligible to get the restricted driving permit for employment purposes, medical reasons, support group and any transportation deemed necessary through the Secretary of State's office.

Typically, on the restricted driving permit a client is able to drive to and from work as long as they provide proof through testimony or written proof to the Secretary of State at the formal administrative for our clients at the Level III – High Risk Nondependent category.  If you have any questions about obtaining license reinstatement, our office can help with those questions and guide you through the process of obtaining your license.

Contact information:

Link to a PDF form of the requirements for the Secretary of State hearing from the Secretary of State

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7. My license was recently revoked as a result of a DUI or DWI from outside the state of Illinois.  What can I do?

John W. Callahan, Ltd. and Michael T. Norris, Ltd., can help you if your license was recently revoked as a result of a DUI or DWI from outside the state of Illinois.  Typically what happens when a person picks up a DWI or DUI from a state other than Illinois, that state will refer through the Problem Driver Pointer Systems or directly the result of that DUI disposition to the Secretary of State of Illinois.  Once the Secretary of State picks up the DUI conviction, they will issue notice and revoke the driver's license of the person who picked up the DUI outside the state of Illinois.  Once that happens, the client will be eligible for either an informal hearing  or a formal hearing with the Secretary of State and in order to do that, the client must comply with all of the requirements including an alcohol evaluation and treatment documents to prepare and be allowed to proceed to a hearing with the Secretary of State of Illinois.

At the law offices of John W. Callahan and Michael T. Norris, Ltd., we often represent clients, whether they live inside the state of Illinois  or outside the state of Illinois, when they have been found guilty of a DUI or DWI from a different state.  The process is still the same, no matter where the DUI was picked up.  You need to prepare for the hearing with the proper documents and you need to know the questions you are going to be asked at that hearing.

If you have any questions or would like to retain John W. Callahan, Ltd. and Michael T. Norris, Ltd. to represent you as a result of DUI or DWI from outside the state of Illinois  at a formal administrative hearing with the Secretary of State, you should contact us immediately.

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8. My license was recently revoked due to a second DUI in Illinois.  What can I do?

When a client of ours comes to use with two DUI's in the state of Illinois, it is mandatory that that client obtain a formal administrative hearing through the Secretary of State's office.  In order to prepare for a formal administrative hearing, the client must obtain all of the required treatment documents from their evaluator, as well as comply with the requirements of those treatment documents of the Secretary of State of Illinois.  Once we get the treatment documents from our client, we make sure that the facts of the two DUI arrests are consistent with what is reported in the current updated evaluation to the client's treatment provider.

When the facts are consistent and our client is prepared from what actually happened on the night to what the client reported to his treatment provider, that testimony must be consistent when given to the Secretary of State.  As long as all of the information is factually consistent with the Secretary of State and the client has proved that his treatment has been successful and he no longer poses a threat of safety to the drivers of the state of Illinois, we will be able to get that client a restricted driving permit or full reinstatement after proceeding to a formal administrative hearing at the Secretary of State's office in Illinois.

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9. My license was recently revoked due to a third DUI in Illinois.  What can I do?

At the law offices of John W. Callahan and Michael T. Norris, Ltd., we have represented numerous clients who have three DUI's in efforts to try to reinstate their license.  Sometimes we believe that people with three DUI's who are in the Level III – Dependent category of AA or some other support recovery group, are the easiest clients to get their license back.  This is not because the Secretary of State takes them lightly, but, rather, the fact is that their drinking patterns are typically so abysmal that the main thing that the Secretary of State is looking for is to ensure that that client does not pose a risk to the safety of the drivers of Illinois, that the client is very actively participating in the treatment support recovery group and currently has consumed no alcohol and has remained abstinent within the past 12 months.

The most important thing for the Level III – Dependent clients is the fact that they are extremely familiar with their support recovery program.  For example, they must know all of the facts of DUI.  They need to know what the big book is, they need to know the serenity prayer, as well as where the locations of the meetings are.  They are often asked what the difference between an open and a closed meeting is in AA and what the physical description of the building is.  Oftentimes the Secretary of State asks that client questions pertaining to what bus routes they take to those AA meetings or how the client travels to those meetings if they live outside of the City of Chicago or suburbs.

A client who is thoroughly prepared and knows the answers well to all of those questions, will appear credible to the Secretary of State and will typically be granted a license reinstatement after proceeding to a hearing.

If you are interested in obtaining a formal administrative hearing through the Secretary of State, you should contact our office, John W. Callahan and Michael T. Norris, Ltd., immediately so that we can begin to help you obtain your driver's license.

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10. My license was recently revoked due to a fourth DUI in Illinois. Is there anything I can do?

At the law offices of John W. Callahan and Michael T. Norris, Ltd., we have been able to obtain DUI license reinstatement when a client has been arrested for four or more DUI's.  The key here is arrested.  If a client has been arrested four or more times, they may still be eligible for a formal administrative hearing through the Secretary of State of Illinois.  The other key is convictions.  If you have been convicted of four or more DUI's in or outside the state of Illinois, the client will not be eligible at all for license reinstatement and has a lifetime ban through the Secretary of State to reinstate or clear the license from the state of Illinois.

If you have any questions about what entails a conviction versus an arrest on a DUI inside or outside the state of Illinois, you should contact the law offices of John W. Callahan and Michael T. Norris, Ltd. so that we can help you get your driver's license back.

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11. My DUI occurred ten or twenty or thirty years ago.  Do I still have to go through the formal reinstatement process or can I just pay a fee to reinstate my driver's license?

At the law offices of John W. Callahan and Michael T. Norris, Ltd., we see many clients who have had DUI's from ten, twenty or thirty years ago that are posing a problem with their license being clear in the state of Illinois.  While there are several states, including New York, for example, that will allow a client to just simply pay a reinstatement fee after several years of not having any new DUI's, Illinois is not one of them.  If there is a DUI conviction in the state of Illinois that is on the Illinois driving abstract, that client will either need to go through an informal hearing or a formal administrative hearing process to reinstate their driver's license.

At John W. Callahan, Ltd. and Michael T. Norris, Ltd., we have the experience need to represent the client whether that client was out-of-state or in-state to reinstate the license and get them back up and driving.  Should you wish to contact us, you should contact us at the number immediately so that we can begin the process to get your license back.

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