There is a world of difference between a license suspension and a conviction revocation. The state temporarily suspends drivers’ licenses based on DUI arrests; at the end of the suspension period, the defendants get their licenses back if they pay a reinstatement fee and meet some other nominal requirements.
After a DUI conviction, the state permanently revokes the operator’s driver’s license, and the operator can only apply for reinstatement once the minimum revocation period has expired. In addition to completing all normal licensure requirements, the applicant must convince a Secretary of State hearing officer that the applicant would not present a danger to public safety if allowed to drive again.
In a nutshell, it is almost impossible to make a successful argument without an experienced attorney who has a concrete plan of action. The nature of that plan largely depends on the driver’s risk classification.
Minimal Risk
Drivers who have only one DUI conviction (a reckless driving conviction counts, as well, if prosecutors originally charged the defendant with DUI), provided a chemical sample after the arrest, and had a BAC below .15 are in the lowest risk category as a matter of law. Moreover, unless the driver had a recent arrest for driving with a revoked license or an exceptionally poor pre-DUI arrest driving record, an attorney will work to convince the hearing officer, at a formal or informal hearing, that the driver does not pose a significant public safety risk.
Prior to the hearing, the driver must complete a Division of Alcoholism and Substance Abuse (DASA)-approved DUI school with a minimum 10-hour curriculum and a substance abuse evaluation that shows no indication of alcohol dependency.
Moderate Risk
First-time offenders with slightly elevated BAC results (.15 to .19), or those who refused to provide chemical samples are in a higher risk category. They still only have one DUI conviction and have no alcohol dependency symptoms, so absent any of the aggravating factors listed above, they are probably not a danger to public safety. In addition to the 10-hour DUI school, moderate risk individuals must complete at least 12 hours of early intervention counseling.
Significant Risk
Either because of a prior DUI or reckless driving conviction or because of a very high BAC level (.20 or above), significant risk drivers usually find reinstatement much harder.
At this level, simply fulfilling the minimum requirements – 20 hours of substance abuse treatment, aftercare completion, and alcohol risk education – is probably insufficient to obtain reinstatement. Many attorneys suggest that these individuals also enroll in Alcoholics Anonymous or otherwise show the hearing officer that their prior habits have changed.
High Risk
Even first-time offenders can be high-risk drivers if they have more than one dependency symptom; persons with three or more priors are also high risk, regardless of dependency symptoms. In addition to 75 hours of treatment, non-dependent drivers must prove three years of responsible alcohol use, and dependent drivers must prove three years of abstinence plus active participation in Alcoholics Anonymous or a similar group.
Three letters, and it helps if at least one of them is from an employer, are sufficient to prove abstinence or responsible use. As for AA participation, meeting logs alone are not enough.
Especially at this level, the minimum is hardly ever good enough. One successful strategy is to overdo the minimum by completing 100 or even 150 hours of treatment and providing additional abstinence/responsible use letters.
Contact Assertive Attorneys
License reinstatement following a DUI conviction is not automatic, but it is not impossible, either. For a confidential consultation with an experienced criminal law attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Michelle Kim)