A driver's license revocation can present a unique hardship for anyone convicted in Chicago of driving under the influence (DUI). Many Chicago residents require a driver's license to maintain their employment, while others are unable to meet other family obligations without a valid license. While it is possible to reinstate your Illinois driver's license, the process can be long and complicated. With the help of a seasoned Chicago DUI lawyer, the process may go a little more smoothly. To learn about how an attorney can help, contact the Law Office of Howard J. Wise & Associates today.
Types of License Revocation
There are two different forms of driver's license revocation possible in a Chicago DUI case. The first is known as Statutory Summary Revocation. The second is known as Administrative Driver's License Revocation.
Statutory Summary Revocation
Statutory summary revocation has only existed under Illinois law since 2011. This revocation is intended for any driver that refuses to submit to a chemical test upon suspicion of DUI. Prior to this form of revocation, drivers that refused a chemical test faced a mandatory 1-year driver's license suspension. After the year was over, the driver would be able to drive again after meeting a few minimal requirements.
A statutory summary revocation is different. When a driver refuses a chemical test, their license with be administratively revoked indefinitely. To get their driving privileges back, a driver will be forced to apply for a new license all over again. What's more, they must wait at least one year from the date of the revocation to apply.
Administrative Driver's License Revocation
An administrative driver's license revocation is similar to an administrative suspension. It may be issued immediately following a DUI-related arrest. Revocations are reserved for serious cases that involve major injuries or fatalities. The revocation will last for at least as long as the criminal case but it can be challenged at an administrative hearing.
License Reinstatement after DUI
While Illinois law requires a license revocation after some DUI convictions, a driver's license is not automatically reinstated on its own. Reinstatement takes a series of requirements, and it is only available to those who qualify. The requirements include:
- A clean driving record,
- Completed drug or alcohol evaluation,
- Completed drug or alcohol education classes,
- Attend a hearing before the Illinois Secretary of State, where you must prove you are not a danger if allowed to drive again,
- File proof of financial responsibility from your insurance company,
- Pay $500 reinstatement fee, and
- Pass a driver's exam.
Administrative Driver's License Revocation
In DUI cases that involve serious injuries or fatalities, the State of Illinois administratively revokes a driver's license immediately. This process requires coordination between the Secretary of State and the county state's attorney office.
The county state's attorney can seek the revocation of the driver's license of someone charged with DUI without a hearing. If the state's attorney provides the Secretary of State with sufficient evidence that the immediate revocation is necessary, the Secretary of State can revoke a license immediately.
Unless you challenge your summary revocation, your license will be remain revoked for at least as long as the criminal case against you. Thankfully, you are entitled to a hearing before the Secretary of State to challenge the administrative revocation. If you are successful, you may be able to overturn the revocation. You have the right to an attorney during the revocation hearing.
Challenging Administrative Revocation
It is possible to challenge the administrative revocation. To do so, you will need to seek a hearing to challenge your revocation. The first step in challenging the revocation is by requesting a formal administrative hearing from the Illinois Secretary of State.
During the hearing, the judge will consider the facts of the arrest to determine if a revocation is warranted. These hearings are a useful tool for Chicago DUI lawyers, as it gives them an idea of what to expect evidence-wise come trial date.
A Chicago DUI Lawyer can help reinstate your License
If you or a loved one have been arrested in Chicago under suspicion of DUI, you have a limited window to fight back against the mandatory license revocation. To give yourself the best chance of prevailing at your hearing, hire an experienced Chicago DUI to defend your rights. Attorney Howard J. Wise has a lengthy track record defending the rights of the accused. To discuss your options, contact The Law Office of Howard J. Wise & Associates for a free consultation today.