Illinois Administrative License Hearings
Driving under the influence (DUI) is a serious offense in Illinois. In addition to criminal penalties, there are administrative consequences associated with your charge. Such administrative procedure can result in the suspension or revocation of your driver’s license.
If you are charged with a DUI, you should know that administrative license hearings are separate from your criminal matter. In fact, your license can be revoked or suspended even without a conviction. Therefore, you will need to treat the administrative hearing as just as important as your criminal case before the court. To protect your rights and secure your driving privileges, you should hire a Chicago license reinstatement attorney.
Administrative Driver’s License Suspensions for Illinois DUI
When you are charged with a DUI offense, the police officer will notify you of the immediate suspension of your driving license. This suspension is part of a statutory summary suspension procedure and is applicable to DUI cases in which your blood alcohol concentration (BAC) is .08 or higher or where you refuse to submit to a chemical test after your arrest.
The statutory summary suspension is an administrative process and is not directly associated with your criminal proceeding. At the time of being charged, you will receive a receipt that will allow you to drive for 45 days. Within that time, you are expected to take the necessary legal actions, both in relation to the criminal charge and requesting a hearing to contest the suspension. Following the 45 days, unless there is a hearing in your favor or you are found not guilty, the suspension will automatically go into effect.
The hearing to contest your license suspension must be requested no later than 90 days after the DUI offense. These administrative hearings have rules and require specific documentation. The following are the four legal issues that will be considered at a hearing to contest the summary suspension:
- Whether you were properly arrested;
- Whether there were reasonable grounds to come to the conclusion that you were driving the vehicle under the influence;
- Whether you refused chemical testing after being informed of the statutory summary suspension; and
- Whether after submitting to chemical testing your BAC was .08 or higher.
While the administrative hearings are not criminal proceedings, it is a legal process that follows rules of evidence and specific regulations. It would be prudent to hire a Chicago license reinstatement attorney to represent you in such hearings.
Administrative Driver’s License Revocation for Illinois DUI
In addition to suspension, the Secretary of State holds the authority to have your driver’s license revoked following a DUI-related charge. This administrative penalty is generally reserved for individuals charged with a DUI offense that results in serious injury or fatality. Such revocation can continue for as long as it takes to resolve the criminal charge before the court.
Similar to that of an administrative suspension, you may also contest the revocation by requesting a hearing.
Reinstating Your Illinois Driver’s License
If your driver’s license was suspended or revoked by way of a summary suspension, administrative revocation, or criminal penalties, there is a process to get your license reinstated.
The process will include:
- An informal hearing;
- Proof that your driving record is clean;
- Proof that you have completed any drug or alcohol program that was ordered;
- Provide evidence of financial responsibility;
- Pay the required fees; and
- Retake driving exams.
The hearing is conducted by an Illinois Secretary of State hearing officer. In addition to the above requirements, you will also need to show that if your license is reinstated, you will not pose a danger to public safety. For individuals who are considered multiple offenders, a formal hearing is required.
Contact an Experienced Chicago License Reinstatement Attorney Today
For years, our Chicago DUI defense lawyer Michael O’Meara has represented individuals charged with DUI-related offenses. He understands both the criminal proceedings and the administrative procedures that can result in the suspension and revocation of your driver’s license. With over 20 years of criminal defense experience in Chicago, as well as prior experience as a prosecutor, O’Meara provides high-quality legal representation when you need it the most.
Do not take the administrative processes regarding your driver’s license lightly. Your driving privileges are integral to your daily life. Let O’Meara Law help you fight the charges and any administrative suspension or revocation of your license. Call today for a consultation with a highly qualified Chicago license reinstatement attorney.