Illinois SOS Hearings: Why "Being Sober" Isn’t Always Enough
After an Illinois DUI conviction, the path back to "normal" can be long and difficult, especially when it comes to regaining a suspended driver’s license. You may believe that "getting sober" is all that is required, but the Illinois Secretary of State is not simply going to take your word for that.
While sobriety is crucial (and a primary component of license reinstatement), you must also prove that you have changed your behavior, addressed the root causes of your DUI, and are now a safe, trustworthy driver. In short, you must successfully prove during your hearing that you are no longer a threat to public safety.
If you are facing a license reinstatement hearing with the Illinois Secretary of State, it can be extremely beneficial to work with a knowledgeable Will County, IL license reinstatement lawyer. You are much more likely to have your driver’s license reinstated when you are prepared for the hearing and have all necessary documentation.
How Do I "Prove" to the Secretary of State That I Have Changed My Life?
When you are ready for your Secretary of State hearing for license reinstatement, you will need to present extensive documentation, including:
- A recent professional alcohol and drug evaluation
- Alcohol or drug treatment documents
- Counseling documents
- Verifiable evidence of support group attendance (like sign-in sheets)
- Letters of character and support from your employer and members of your support group, attesting to your changed behavior and lifestyle.
- Proof of employment, education, and community involvement that shows stability.
- A realistic plan for maintaining long-term sobriety.
Additionally, you will need to retake and pass the written and driving exams, pay all reinstatement fees, and abstain from drinking for a minimum of 12 months before the formal (for second-time or subsequent offenders) or informal hearing (for first-time offenders). Your proof that you have abstained from drinking comes through a written abstinence statement and participation in support groups.
What to Expect from a Reinstatement Hearing
The hearing officer will closely scrutinize your testimony and documentation at the reinstatement hearing to ensure your commitment to sobriety and consistency in your progress. You could be questioned about whether you have addressed the underlying causes of your alcohol disorder, and about the effectiveness of your treatment. Never try to minimize your past substance abuse issues, as this can be perceived as evidence that your treatment was ineffective. The Secretary of State is seeking proof not only of abstinence, but also of rehabilitation and a changed life.
Why Applicants Are Sometimes Denied Despite Abstinence from Drinking or Drugs
Even when an applicant meets the requirement of being twelve months sober, he or she may be turned down for a license reinstatement for one or more of the following reasons:
- An inability to demonstrate a plan to avoid a relapse.
- Inconsistent answers during the alcohol and drug evaluation or during the hearing.
- A failure to show a real understanding of the consequences of past alcohol or drug use.
- A lack of documentation for treatment, support group attendance, and character references.
What Else You Need to Know About Secretary of State Reinstatement Hearings in Illinois
While Secretary of State hearings are administrative, those who have been through them often say the hearing felt more like a trial. It is essential that an attorney fully prepares you for tough questions and that all your documentation is in order. Legal representation significantly increases your chances of obtaining your license reinstatement on the first try, thus avoiding months of delays.
Contact a Will County, IL Defense Lawyer
While being sober is certainly the most important component in regaining your Illinois driver’s license, it is a mistake to think this is all that is required. You must also be able to show that your lifestyle has changed through consistent answers and proper documentation.
A skilled Naperville, IL license reinstatement attorney from Law Office of Patricia Magaña, LLC can give you the best possible chance of success. Attorney Magana handles each case personally, devoting the time necessary to build the strongest possible license reinstatement case, and is also bilingual, speaking Spanish as well as English. To schedule your free consultation, call 630-448-2001.