1555 Bond Street, Suite 103A
Naperville, IL 60563

Se Habla Español
Call Today for a Free Consultation

Call Us630-448-2001

Subscribe to this list via RSS Blog posts tagged in Secretary of State hearing

IL defense lawyerDrivers whose licenses have been suspended due to multiple DUI convictions are required to attend a formal Secretary of State hearing before their license can be reinstated. Preparation is key to the outcome of these types of hearings, as petitioners will be required to comply with a host of complicated legal rules, so if your license was recently suspended after being arrested for a DUI, it is important to speak with an experienced Naperville driver’s license suspension lawyer who is well-versed in these rules and procedures and can give your claim the best possible chance of success.

Formal Secretary of State Hearings

The Secretary of State’s office conducts two types of hearings for those seeking reinstatement of their driving privileges after revocation or suspension arising from a DUI conviction: informal hearings and formal hearings. While some petitioners are able to resolve their cases through informal proceedings, most are required to go through the formal hearing process, especially if they have multiple DUI convictions on their record.

Formal hearings must be requested by petitioners, and once scheduled, are conducted by a hearing officer and a representative, both of whom act on behalf of the Secretary of State. These individuals are tasked with deciding whether a petitioner is a risk to the public, or whether he or she is suffering an undue hardship as a result of the loss of his or her driving privileges.

...

Aurora DUI license reinstatement lawyerThere are several DUI-related reasons why you could lose your driver’s license in Illinois - you could have been pulled over for a suspected DUI and refused chemical testing for your BAC, you may have failed a chemical test (meaning your BAC was .08 or greater), or you could have been convicted of a DUI. 

Regardless of why you lost your driving privileges, before your license can be reinstated, you must attend a license reinstatement hearing at the Illinois Secretary of State’s Office, where your case will be examined by a hearing officer. There are two types of hearings that the Office conducts: formal and informal. The type of hearing that you must attend is entirely dependent on the nature of the suspension or revocation. Each type of hearing has different requirements, which is why it is important to be prepared and know which type of hearing you will be required to attend.

Informal Hearings

Like their name suggests, informal hearings are not as intense as formal hearings. You can attend an informal hearing to have your license reinstated if:

...

DuPage County driver's license reinstatement attorneyIf your Illinois driver’s license has been revoked for driving under the influence, you anxiously await the day when you are free to drive again with no restrictions. However, Illinois does not make it easy to get your license reinstated after a DUI conviction. 

If you live in Illinois, you will have to appear in person before a Secretary of State hearing officer, who will consider your request for reinstatement, and they may choose to deny your request for any number of reasons. Good preparation is key to success at these hearings. Here are a few of the important steps you must complete before you can even have that hearing:

Determine if You Are Eligible to Apply Yet 

You cannot apply for reinstatement of your driver’s license until your revocation period is up. For example, let us assume that you received the usual six-month statutory summary suspension of your driver’s license for testing over the legal limit for drugs or alcohol at the time of your DUI arrest. Then, at your sentencing, your license was revoked for a minimum of one year. On that date, you had already served three months of your suspension. Those three months will be credited toward your minimum period of revocation, leaving you with nine more months of revocation to serve. At the end of that nine months, you can apply for reinstatement.

...
Illinois State Bar Association DuPage County Bar Association Kane County Bar Association Hispanic Lawyers Association of Illinois
Law Office of Patricia Magaña, LLC

1555 Bond Street, Suite 103A, Naperville, IL 60563

Back to Top