In our society it is very difficult to function in your employment, family or social life without the privilege of driving. At the same time, everyone must recognize that the irresponsible driving of vehicles has resulted in untold grief and harm to society.

Illinois has Extensive rules on Driver's Licenses

As a result, the Secretary of State’s office has tremendous authority to set the rules and guidelines for when you lose your license and also to be the "judge" to determine when and how you get can it back and these rules are extensive and complicated. The Illinois Vehicle Code is an over 500 page Chapter of Illinois law listing legislative sections governing driver licenses and everything associated with the use of vehicles in Illinois. The Secretary of State’s office has in turn promulgated hundreds of pages of administrative code of procedural rules, guidelines and regulations setting forth how the vehicle code will be administered by its office. Certain matters can be resolved in an informal hearing with a hearing officer at many local driver's license stations while others will require a formal hearing at one of several hearing sites around the state including Springfield, Illinois, for the Central Illinois area.

Reasons for License Loss

There are many reasons you can lose your driving privilege in Illinois. Section 6-205 of the Vehicle Code lists 14 mandatory revocation provisions. Section 6-206 lists over 40 provisions for discretionary revocations or suspensions.

Options on Loss of your License

After a revocation you must have a formal hearing with the Secretary of State’s office before your license can be restored. Getting your license back after an alcohol revocation requires compliance with a detailed reinstatement process. Suspensions are different. After certain suspensions, your license is restored with payment of a reinstatement fee but other suspensions require additional steps such as proof of compliance with Illinois insurance law.

However, you have several options if your license have been suspended or revoked. You can request an early termination of revocation or suspension except for mandatory revocations. There is also the possibility of voiding the revocation or suspension by removing the underlying reason such as vacating the judgment for one of the 3 moving violation that resulted in a suspension or entering into an installment plan for payment of damages from an accident if you were driving without insurance.

You can also be eligible for a restricted driving permit during the period of revocation or suspension. A RDP can be issued for driving to and from employment, necessary medical care, alcohol or drug rehabilitative programs, or educational classes but is not available in all cases.

New MDDP Rules for First Time DUI Offenders

Effective January 1, 2009 Illinois has increased the statutory suspension period for refusing to submit to a field sobriety test to 12 months and the suspension for registering a field sobriety test of BAC level of .08 or higher to 6 months. However, now most first time offenders are entitled to a Monitoring Device Driving Permit (MDDP) upon entry of a court order in their DUI case to be effective on the 31st day of the suspension. You must install at your expense an ignition interlock device and pay a monthly $30 administrative fee. The provider will train and notify the State of the installation. There are other requirements to maintain the MDDP. The MDDP is in lieu of the Judicial Driving Permit.

Legal Representation to Restore your License

The above shows you how complicated the vehicle code and administrative code governing the return of your license can be.  You can contact your local driver’s license center to obtain a "consultation" with a local hearing officer on what steps you need to obtain the return of your driving privilege. However, my office offers an evaluation of restoring your driver’s license for the sum of $175.00. This includes review of your court purpose abstract (you obtain this directly from a local driver’s station), copies of any prior hearing orders, an office conference with you to take information concerning the loss of your license, your circumstances that might results in an RDP or restoration of your license and then presentation to you of suggestions for a successful outcome. This evaluation may require research and a second conference but which is included in the initial charge. If you do proceed with restoring your driving privileges through this office, the $175.00 paid will be applied to the additional fee.