The Illinois Secretary of State provides two kinds of administrative hearings for people whose driving privileges have been suspended or revoked: formal and informal hearings. Many people who have been through the hearing process before can be denied reinstatement.

It is important for any person dealing with an administrative hearing in Illinois to be sure that they retain legal counsel because an experienced attorney can make a world of difference in the potential outcome to a case. In many cases, people who were denied license reinstatement can achieve more favorable outcomes at new hearings.

Administrative Review of Hearing Decisions

While many cases may be settled at hearings, Secretary of State decisions are subject to Circuit Court review and reversal. To seek review of a Secretary of State decision, a driver needs to file a Complaint seeking Administrative Review no less than 35 days within the date a driver receives a denial order. 

With the new year comes multiple new laws and regulations in Illinois. One of the most significant pieces of legislation is the most recent amendment to the Illinois is the Safety, Accountability, Fairness and Equity-Today (SAFE-T Act). Among many other important provisions, the Act limits when the state may suspend a person’s driver’s license.

Changes Being Implemented to Illinois Driver’s License Suspension Laws

In Illinois, a person's driver's license can be suspended for many different reasons. Driving under the influence of drugs or alcohol, having too many driving violations or points on their license, and being involved in a hit-and-run accident are some of the most common reasons for suspension. The length of time a license is suspended varies depending on the violation but can range from six months to several years. During a period of suspension, it is illegal to drive and doing so can result in serious consequences, such as an extended suspension or even jail time.

The SAFE-T Act reduces the circumstances in which a person may have their license suspended. As of January 1, 2023, an individual can no longer face license suspension for:

If your driver's license was revoked because of a DUI or other reason, you will need to attend a hearing through the Secretary of State in order to have it reinstated. There are both formal and informal reinstatement hearings. If this is your first DUI or your license was revoked because of a minor moving violation, you will most likely attend an informal hearing. It is important to prepare for your hearing and take all of the steps required by the Illinois Secretary of State. Your driving privileges depend on it.

Informal Driver's License Hearings in Illinois

An informal driver's license reinstatement hearing takes place at a Secretary of State facility. You do not need to schedule the hearing in advance as these hearings take place on a first-come, first-served basis. During the hearing, you will be asked a series of questions by a hearing officer. The hearing officer may ask you about the reasons your license was revoked, your criminal history, and the lifestyle changes you have made to avoid reoffending. The hearing officer will make a recommendation to the Secretary of State, and then a final decision will be handed down.

Preparing For Your Informal Hearing

Although the word "informal" may imply otherwise, an informal Secretary of State hearing is still a serious matter you will need to prepare for in advance. Showing up to the hearing unprepared will significantly decrease your chances of getting your driver's license back. The steps you need to take before the hearing depend on the circumstances of the offense and the results of your drug and alcohol evaluation. For example, if you are classified as "minimal risk," you must complete 10 hours of Substance Use Prevention and Recovery classes. If you are classified as high-risk dependant, you will need to complete 75 hours of substance abuse treatment and participate in a continuing care program. Make sure you have all the documentation needed to prove your completion of the required steps. It may also be a good idea to practice what you will say to the hearing officer in advance, so you are as articulate as possible. Dress appropriately and treat the hearing officer and other individuals at the hearing with respect.

If you lost your license because of a drunk driving charge, you are not alone. Driving under the influence (DUI) is one of the most common reasons for driver’s license suspensions and revocations. The only way to reinstate a driver’s license and regain the ability to driver after a DUI conviction in Illinois is to meet the Secretary of State’s conditions and prove that you are capable of driving safely.

Many people facing license revocation have a chemical dependency on alcohol. They are not drinking excessive amounts of alcohol for fun; they have tried to stop but cannot. These individuals are often classified as “High Risk – Dependent” and required to take additional steps to reinstate their driver’s license. If you or a loved one are trying to reinstate your driver’s license, it is important to understand how support groups like Alcoholics Anonymous can help.

Regaining Driving Privileges by Tackling Addiction

Alcohol addiction is a powerful force that is not easily overcome without help. In some cases, alcohol dependency is so severe that a person must quit drinking under medical supervision because withdrawal symptoms can be fatal. If you are ready to quit drinking, consider joining a support group like Alcoholics Anonymous (AA) to get the help and advice you need. In addition to AA, there are also secular alcohol and drug abuse support groups like:

If your license was revoked, this means that you can no longer drive any motor vehicle. Driving with a revoked license is a criminal offense, and if you are caught, you face immediate arrest and criminal charges. The only way to get your license back is to comply with the Secretary of State’s requirements. The requirements you must follow depend on several factors, including the type of offense, your criminal record, and whether you have an alcohol or drug addiction.

Steps to Take for License Reinstatement Depend on Your Drug and Alcohol Evaluation

The most common reason that a driver’s license is revoked in Illinois is a conviction for drunk driving. Before the Secretary of State will reinstate your license, you must prove that you have taken steps to avoid drunk driving in the future. You will need to participate in a DUI evaluation and answer questions about past and current drug or alcohol use. After you answer all of the questions, the evaluator will classify you based on your risk for repeat DUI offenses.

The risk category determines what you will need to do to get your license back: