Getting Your License Back After a DUI

Posted on March 3rd, 2020 by Danielle Giannola

If you find yourself charged with a DUI, you should always consult a lawyer to help you get the best outcome possible, such as Giannola Legal LLC’s knowledgeable Will County, and the surrounding counties, criminal defense attorneys IL.. But, what if you’ve already been convicted of a DUI and your driver’s license has been taken away? The process for getting your license back will depend on your particular situation.

Was Your License Suspended or Revoked?

Depending on the specific offense(s) you were convicted of, your license was either suspended
or revoked. Generally speaking, less serious offenses will result in a suspension while more
serious offenses will lead to a revocation of your license. If you’re not sure whether your license
was suspended or revoked, you can always check with the Secretary of State.

Suspended License

A suspended license means that you have temporarily lost your driving privileges. At the
end of the suspension period, you will automatically get your driver’s license back as
soon as you pay your reinstatement fee. You don’t need to do anything other than wait
for the suspension to end and then pay the fee to the Secretary of State.

Revoked License

A revocation is more serious: it means that you have lost your driving privileges
indefinitely. If you want to get your license back after a revocation, you’ll need to request
a hearing from the Secretary of State. At the hearing, you will need to prove that you
would not be a threat to public safety if your license was reinstated. Our experienced Will
County criminal defense attorneys have handled an array of reinstatement hearings to
help guide you through the complicated and stressful process.

If this is your first offense, your hearing will be informal and can be conducted at your
local Driver Services facility by a hearing officer. However, if you’ve had multiple
offenses, you will have to have a formal hearing. A formal hearing involves petitioning
the Secretary of State in writing and paying a $50 filing fee. It’s basically like a mini-trial
– there will be a prosecutor who will cross-examine you and put on evidence about why
you should not get your license back. You can also put on evidence showing that you
should have your license reinstated. We strongly recommend having your attorney
present for the hearing.

Regardless of whether you’re eligible for an informal or a formal hearing, the Secretary
of State’s rules about reinstating revoked driver’s licenses are complex. Many petitions to
reinstate a revoked license are denied. That’s why it’s always advisable to consult a
knowledgeable attorney to help you navigate the process. Do not hesitate to contact our
Will County criminal defense attorneys at Giannola Legal LLC to walk you through the
steps and prepare your defense.

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