In a previous post, we discussed Statutory Summary Suspension (SSS) following a DUI arrest. One of the salient features of SSS is that, even if the driver does nothing, the state automatically reinstates the suspended license after expiration of the suspension period, payment of a reinstatement fee, and perhaps compliance with another odd rule or two.
However, if that same person is convicted of DUI and has his or her drivers’ license revoked, that revocation is permanent, unless the driver convinces the Secretary of State that drivers’ license reinstatement would not pose a threat to public safety.
Revocation Periods
Whereas the SSS periods (one year or three years or whatever) are maximum periods, length of drivers’ license revocation is a minimum revocation period because drivers cannot apply for reinstatement until the minimum period expires. These periods are:
- First DUI Conviction: 12 months (24 months if the defendant is under 21),
- Second Conviction: Five years
- Third: 10 years
- Fourth or Subsequent Conviction: Lifetime
Drivers in that last category (four or more convictions) may be eligible for a Restricted Driving Permit (RDP) with a BAIID (breath alcohol ignition interlock device), but their days of unrestricted driving are over.
Other drivers may be eligible for RDPs as well and therefore be able to drive to and from certain locations, if they establish a hardship, complete a drug/alcohol evaluation as outlined below, and have an otherwise good driving record. Offenders who have only one alcohol-related criminal conviction may be eligible for a BAIID-free RDP.
The state places a hold on the driver’s vehicle registration until the person’s drivers’ license is reinstated.
Reinstatement Hearing
To convince the Secretary of State officer that the driver is not a threat to public safety and either obtain license reinstatement or an RDP, the driver must complete a substance abuse evaluation based on an initial evaluation.
- Minimal Risk: First-time offenders with a BAC under .15 and no other dependency symptoms must complete ten hours of DUI education.
- Moderate Risk: First-time offenders who either refused the test or had a BAC between .15 and .19 must complete the DUI education and 12 hours of early intervention counseling, if they have no other dependency symptoms.
- Significant Risk: First-time offenders with a BAC over .20, as well as second-time offenders, must complete 20 hours of substance abuse treatment in addition to any required aftercare.
- High Risk: Persons with three alcohol-related convictions in the last 10 years, or persons with any dependency symptoms, must complete 75 hours of substance abuse treatment, demonstrate active participation in Alcoholics Anonymous, and prove either responsible alcohol use or complete abstinence.
Fulfilling these minimum qualifications will probably not be enough to obtain reinstatement. The driver must present other evidence, as well, such as character references. Other evidence, such as the defendant’s demeanor during the hearing, the surrounding circumstances of the DUI, and the defendant’s acceptance of personal responsibility, may have a bearing as well.
Count on Experienced Lawyers
Post-revocation license reinstatement is far from easy or automatic. For a confidential consultation with an experienced criminal law attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Andrew Peloso)