home | reinstatement | office information | contact us
CALL TOLL FREE 1-877-4 MY-ILDL

Hearings in illinois

1. What are the requirements to obtain a hearing to reinstate my driver’s license in the state of Illinois?

The answer to that question is easy and complex at the same time. At the law offices of John W. Callahan and Michael T. Norris, Ltd., we can help you through the process of obtaining a driver’s license reinstatement inside the state of Illinois, but the first thing we need to determine is what DUI risk classification you are. There are five different risk classifications that a client must be placed in prior to obtaining a license reinstatement hearing. What we found with people from out-of-state is that most out-of-state evaluators don’t know how to place a client in one of these specific category risks as each state has different methods of classifying clients based on the different state’s DUI’s. Illinois works with the following levels:

  • 1) Level I - Minimal Risk
  • 2) Level II – Moderate Risk
  • 3) Level II – Significant Risk
  • 4) Level III – Dependent
  • 5) Level III – Nondependent

Level I – Minimal Risk.
If the uniform report evaluation or the last updated evaluation is more than six months old at the time of the hearing, the clients must submit a current updated evaluation from their treatment provider. The updated evaluation must be completed by the agency that completed the uniform report evaluation. In addition to that, in order to be eligible for a formal administrative hearing in the state of Illinois, the client must document completion of the DUI risk education course. The minimal risk clients are typically eligible for an informal hearing as the only people who can be placed into the minimal risk category are those clients who have had only one DUI. That DUI could have occurred from outside the state of Illinois or it could have been a DUI in the state of Illinois where the client originally obtained a period of court supervision, which is not a conviction and thus would not revoke the person’s license, but then, due to the client having failed to pay fines, fees, costs or done their treatment when the court was monitoring them, the supervision was revoked and a conviction was entered. When a client inside the state of Illinois has one DUI as a conviction, they are typically eligible to proceed to an informal hearing at the minimal risk level, so long as the blow on that first DUI was under a 0.15.

Level II – Moderate Risk
In order to obtain a hearing at the Level II - Moderate Risk, the Secretary of State mandates that the uniform report evaluation or the last updated evaluation, if the uniform report evaluation or the last updated evaluation is more than six months old at the time of the hearing, the client must also submit a current updated evaluation. At the law offices of John W. Callahan and Michael T. Norris, Ltd., we work with our clients to make sure that they have obtained all of these documents prior to going to the hearing. In fact, we will go over it several times with you in the office so that we make sure that the testimony that you give to the Secretary of State is consistent with that information. In addition to the evaluations, the client must also document completion of a DUI risk education course and the client must document completion of an early intervention program on the providing agency’s letterhead indicating the number of hours completed, the dates of involvement, a summary of what was explored/addressed and the outcome of your involvement. In addition to that, the client must document completion of any substance abuse treatment recommended by a licensed evaluator or treatment provider. Our moderate risk clients typically still have only one DUI conviction in Illinois, but submitted a BAC level greater than a 0.15 or refused to blow on their first DUI. It is not typical for any client with more than one DUI arrest to be placed in the moderate risk category.

Level II – Significant Risk
At the law offices of John W. Callahan and Michael T. Norris, Ltd., we are very experienced in seeing clients classified at Level II – Significant Risk. The client in the Level II – Significant Risk category typically comes to us with at least two, and possibly three, DUI’s over the course of more than ten years. The Level II – Significant Risk is mandatory when a client has more than two DUI arrests or two DUI convictions. It is mandatory that they go to a formal administrative hearing at the Secretary of State in Illinois and as a result we must prepare them for and provide the following information prior to the formal administrative hearing. The list includes the client providing their uniform report evaluation that is current within six months. If it is not, they must provide the original evaluation and a current updated evaluation from their treatment provider. The client must also document completion of a DUI risk education course and the client must also document completion of any substance abuse treatment recommended by a licensed evaluator or treatment provider, including: A) A copy of the individualized treatment plan; B) A copy of the discharge summary; C) A copy of an after-care or continuing care plan; D) A copy of the continuing care status report. If no treatment was provided from the evaluator who the client is represented by at the time, the treatment provider must submit a treatment waiver as well.

Level III – High Risk Dependent
Level III – High Risk Dependent are typically those clients who are in Alcoholics Anonymous and who have typically, but not necessarily, had three DUI’s in their lifetime. It is very important to understand the minimum documents that a client must bring to the evaluation. In addition to a current updated evaluation, if the uniform report is older than six months, the client must also bring a copy of that. The client must also document the DUI risk education, a copy of the individualized treatment plan, a copy of the discharge summary, a copy of the after-care/continuing care plan, and a copy of the continuing care status report. If no treatment was provided by the evaluator, that evaluator must submit a treatment waiver. What separates the high risk dependent from the Level II – Significant, besides being in AA or other support recovery program, is that the Level III – High Risk Dependent must provide: A) Proof of establishment of a support/recovery program through Alcoholics Anonymous, church, etc.; B) The client must include proof of abstinence; and C) At least three original letters signed and dated within forty-five days of the hearing from individuals, friends, family, etc., who can attest to the client’s abstinence from alcohol and drugs for a period of at least twelve months if seeking reinstatement, but no less than six months for a restricted driving permit.

More important than just the documents themselves and all of the treatment proof is the fact that the client who is a Level III – High Risk Dependent must clearly know their abstinence date, they must be actively participating, meaning no less than twice a week in AA or another recovery program, and they must be very thorough in their knowledge of that program. For example, if a client is in AA but does not know the 12 steps or any one of the 12 steps, it is very likely that the Secretary of State will not believe that the client’s drinking problem has been contained and therefore that client will be denied at the hearing. The client should know where their AA meetings are, how often they go, what the physical description of the building is, and what time the meetings are. They must know the difference between an open and a closed meeting. These are just a sample of questions that will be asked of a Level III – High Risk Dependent client at the hearing and at the law offices of John W. Callahan and Michael T. Norris, Ltd., we have the experience to aid and help represent the client through the process.

Level III – High Risk Nondependent
The Level III – High Risk Nondependent clients typically are those clients who have had three DUI’s but are not dependent on alcohol, thus they are not in AA or any other dependency group. The Secretary of State indicates that that client must submit a current uniform report evaluation, as well as an updated evaluation if that uniform report is more than six months old. The client must also complete any substance abuse treatment recommended by a licensed evaluator or treatment provider including: A) A copy of the individualized treatment plan; B) A copy of the discharge summary; C) A copy of after-care/continuing care plan; and D) A copy of the continuing care status report. If no treatment was provided, the evaluator must submit a treatment waiver and the client must also submit at least three original letters signed and dated within forty-five days of the hearing from individuals who can document for at least the last twelve months, but no less than six months, the alcohol/drug use pattern or complete abstinence. The client must also submit an additional report from the treatment provider explaining why dependency was ruled out and what was the cause of the client’s behavior that resulted in three or more DUI dispositions. This requirement cannot be waived. It has been my experience that the Level III – High Risk Nondependent clients are some of the most difficult clients to obtain a driver’s license reinstatement for. The reason for this is that they have obviously had three DUI’s, some involving accidents, but at the same time still deny that they have any drinking problem. Despite the fact that it is difficult, we are still able in many cases to obtain full reinstatement Are you an out-of-state resident looking to clear your Illinois driver’s license so that you can obtain a driver’s license in another state?

At the law offices of John W. Callahan and Michael T. Norris, Ltd., we represent clients from out-of-state who are seeking to clear their Illinois driver’s license. Oftentimes the DUI occurred in the state of Illinois within the past ten to twenty years and it has not affected their driver’s license in the state that they currently live in up until now. With the new linking of computer networks across the Secretaries of State and Department of Motor Vehicles throughout the various states, a new system called the PDPS (Problem Drive Pointer System) has now linked the states up so that they can, in fact, revoke a person’s license despite the fact that they have had a valid license in the state they live in for decades.

When this happens, the client should contact John W. Callahan and Michael T. Norris so that we can obtain clearance of their license in Illinois so that they can then be able to obtain a full license reinstatement in their own state. In order to obtain clearance, there are two ways that the client can go about doing this. One is through a formal driver’s license reinstatement hearing in the state of Illinois. The other is to fill out an out-of-state hearing application. The difference between the formal hearing and the out-of-state hearing packet is very large. In order to do a formal license reinstatement hearing, the out-of-state client would need to come into the state of Illinois and actually testify at a hearing in Joliet, Chicago, Mt. Vernon or Springfield.

At the law offices of John W. Callahan and Michael T. Norris, Ltd., we specialize in representing clients in Joliet and Chicago for formal administrative hearings. The other method that a client can use is to fill out the out-of-state hearing packet, which entails roughly the same requirements, however, it is very important for the client to understand that in our practice we have noticed that the success rate of clients actually getting their license back after filling out an out-of-state hearing application is much, much less than those who prepare with us and actually go to a formal license reinstatement process. While our office can help prepare the clients to fill out the out-of-state hearing application, if a client is truly serious about trying to get their license reinstated, we believe that the best method is to go through the formal driver’s license hearing in the state of Illinois, as we have somewhat of control and the process is a little bit more straightforward.

back to top

 

2. Is the formal administrative hearing and formal reinstatement process difficult?

At the law offices of John W. Callahan and Michael T. Norris, we have found that obtaining reinstatement of an Illinois driver’s license through a formal administrative hearing or an informal hearing is not difficult if you are prepared. This is the key. If you have been prepared by our office, you will not have a problem due to the fact that you have heard 99 percent of the questions that will be asked of you. You will know how the process should work and once you go through this process, it will be efficient, easy and you will have seen it before in our office. If the client is not prepared, the client will get nervous and confused by the questions that the Secretary of State asks you. Again, this is not like a high school test or grade school test where if you get 90 percent of the answers right, you get an A. When you are going through the Secretary of State formal license reinstatement process, if you only get 90 percent of the answers right at the formal hearing, you will be denied license reinstatement.

What I have found in my practice is that if the client gets one answer wrong out of all of the questions that the Secretary of State asks, they might be granted license reinstatement. If there are two or more questions wrongly answered that are asked at the hearing, the chance of them being denied a driver’s license reinstatement is significantly increased. Therefore, it is imperative that you know what questions you will be asked, how to truthfully answer those questions based on the drinking history of the client and the facts of the DUI’s themselves.

back to top

3. How long does the driver’s license reinstatement process take inside the state of Illinois?

At the law offices of John W. Callahan and Michael T. Norris, Ltd., we have helped clients get their driver’s license reinstated in Illinois for years and years. Our clients often ask us, “How long does the process take?” The answer to that is relatively simple. First, we need to find out if the client is eligible for reinstatement and, if that client is eligible, are they eligible for full reinstatement immediately or do they have to go through and obtain a restricted driving permit through the Secretary of State of Illinois?

The next process is up to the client. Some clients are ready to go to a hearing within six weeks. Other clients take six months or more. This all depends on how fast and how thorough the client understands and is prepared for the hearing. What we have found is when clients are very serious about trying to get their license back immediately, we are able to go and proceed and request a hearing through the Secretary of State in a very short amount of time. Again, it is all up to the client. If the client takes the time to understand the facts of their DUI, the treatment that they performed through their evaluator and can factually relate that to the Secretary of State, they will have a very good chance to get their license back.

Once we at the law offices of John W. Callahan and Michael T. Norris, Ltd. feel that the client is ready to go to a hearing, we send a $50 reinstatement application down to the Secretary of State of Illinois and after applying the formal administrative hearing date is set by the Secretary of State and is typically heard within thirty to forty-five days of the application.

After we proceed to the hearing with our client, the Secretary of State will tell the client that the results will typically be given to them within six to eight weeks of the formal hearing. What we have typically found is that the Secretary of State provides results to our clients in twenty-five to thirty-five days, but, again, the Secretary of State will inform you that the results typically take six to eight weeks. Should you have any questions about the reinstatement process inside the state of Illinois or have any questions or wish to contact us, feel free to contact us at the number 1-877-4 MY-ILDL (1-877-4 69-4535).

back to top

4. 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.

back to top

5. 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.

back to top

6. 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.

back to top

 

7. 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.

back to top

 

8. How much does it cost to obtain a driver’s license reinstatement through the Secretary of State?

There are several costs. At the law offices of John W. Callahan and Michael T. Norris, Ltd., we can guide you through the process of obtaining a driver’s license through the formal administrative process. There are several costs besides attorney’s fees. Those include the $50 filing fee when we are ready to proceed and request a formal administrative hearing. Beyond that, at the law offices of John W. Callahan and Michael T. Norris, Ltd., we typically have our clients sign an authorization for release of information from the Secretary of State of Illinois and submit that down to the secretary of State requesting any documents or proof of blood alcohol level on all of their DUI arrests. In addition to that, we also ask for and request the transcripts of any previous hearings that they may have had with other attorneys when a client was denied for their driver’s license reinstatement.

Once the client is reinstated, there are several fees that the client must pay. One is the $500 license reinstatement to the Secretary of State of Illinois in order to clear their license. There is typically also a BAIID permit and a restricted driving permit. The BAIID permit is a private agreement that the client works out with the BAIID provider and the restricted driving permit is $8 for the year.

Should you have any questions about any costs that you might incur and you wish to retain the law offices of John W. Callahan and Michael T. Norris, Ltd. to represent you in a formal administrative hearing, you should contact us immediately at the following number: 1-877-4 MY-ILDL (1-877-4 69-4535).

back to top

 

9. The Secretary of State said that my classification was not correct after my formal administrative hearing with the Secretary of State of Illinois. What should I do?

There are two things that we can do if the Secretary of State indicates that a client was not in the proper classification. We can have that client reevaluated to determine whether or not the classification was appropriate. If the classification was appropriate, we will have the evaluator write a reason for why the classification was proper and make sure that the client testifies consistently with that level. If the reevaluation designates the client should, in fact, be at a higher risk level, then we will prepare the client so that they can go into and obtain treatment at the higher risk level and thus make them again eligible for a formal administrative hearing to obtain a restricted driving permit in the state of Illinois or full driver’s license reinstatement inside the state of Illinois.

back to top

Website Design Copyright © 2009 Web Design by Elliottsweb.com Website designed by: Elliottsweb.com