An informal hearing is required for individuals who have lost their driving privileges due to: having a suspension or revocation for an offense, not involving a fatality, a single DUI disposition, or for sanctions involving a lesser moving violation.

Informal hearings are just that, informal.  If the revocation of suspension is alcohol or drug related, the Petitioner must undergo an alcohol/drug evaluation and successfully complete a rehabilitation or alcohol/drug education program before petitioning for a hearing.

A person’s specific case has many different elements that affect whether a formal or informal hearing needs to be conducted and what needs to be done to prepare.  It is highly recommended that if you need an informal or formal hearing you should retain an attorney who specializes in these types of hearings.

A suspension is a temporary loss of driving privileges.  When the suspension is for a specific length of time, you may regain your driving privileges after your suspension has ended and you have paid a reinstatement fee.

 1^st Offender: 6 months if blew over .08 BAC; 12 months if you refused to blow or blood. Person may apply for a MDDP which would allow them to drive at any time for any reason as long as the vehicle has a BAID machine or without an MDDP Class 4 Felony.

2^nd Offender or more: (had prior DUI or Statutory Summary Suspension within 5 years) If blew over .08: 1 year suspension; person must serve entire suspension with no driving relief. If did not blow: 3 year suspension; person must serve entire suspension with no driving relief.

A revocation is the indefinite withdrawal of driving privileges by the Secretary of State’s office.  To regain your driving privileges, you may be eligible to reapply for a license after a minimum of one year,

 1^st Conviction:  1 Year, hardship requests allowed

2^nd Conviction: Within 20 years of last conviction, 5 Years, no hardship allowed the first year.

3^rd Conviction: Within lifetime; 10 years, no hardship allowed the first year.

4^th Conviction: Within lifetime; revoked for life with no driving relief available.

A formal hearing is required if you have two or more stops on DL for two or more separate DUI/alcohol related offenses.  You are required to undergo an alcohol/drug evaluation and successfully complete a rehabilitation or alcohol/drug education program before petitioning for a hearing.  The evaluator will assess the Petitioner to determine the Petitioner’s classification: Minimal Risk, Moderate Risk or High Risk – Dependent or Non-Dependent.

Moderate Risk

• Must document successful completion of a DUI Risk Education Course
• Must document successful completion of an Early Intervention Program
• Must document successful completion of any other substance abuse treatment recommended by an licensed evaluator

Significant Risk

• Must document successful completion of a DUI Risk Education Course
• Must document successful completion of any substance abuse treatment by a licensed evaluator or treatment provider including
  • Individualized Treatment Plan
  • Discharge Summary
  • Continuing Care Plan
  • Continuing Care Status Report
• If no treatment provided, a treatment waiver must be prepared on the providing agency’s letterhead.

When suspension or revocation is based on DUI or leaving the scene of a motor vehicle accident involving personal injury or death.

1^st Conviction:  10 days Jail or 30 days community service.

2^nd Conviction:  Class 4 Felony, 30 Days Jail or 300 hours community service.

3^rd Conviction: Class 4 Felony, 30 Days Jail (no option for community service).

4^th Conviction: Class 4 Felony, 180 Days Jail

Note: The state may now seek forfeiture of the vehicle you were driving (even if it is not yours) upon being arrested for driving while license revoked or suspended when it is based on a DUI, Statutory Summary Suspension or leaving the scene of an accident.

• 1^st Conviction – a minimum one-year revocation
• 2^nd Conviction – (within 20 years) a minimum 5 year revocation
• 3^rd Conviction – a minimum 10 year revocation
• 4^th Conviction – lifetime revocation

Driving under the influence (DUI) is a serious offense that is classified in Illinois as a violent crime. If you are convicted of DUI, the offense will permanently remain on your record.  If you are arrested and/or convicted, you may lose your driving privileges and vehicle registration and be fined and/or imprisoned.

• 1^st Offense – BAC .08 or more, 6 month suspension. If refuse BAC, driving privileges is suspended for one year.  Class A Misdemeanor, Court Supervision up to 2 years, Mandatory Fines No revocation.
• 2^nd Offense: within a five-year period, 1 year suspension if you have a BAC of .08 or greater or 3 year suspension if you refuse to take the test.  Class A Misdemeanor, Mandatory Conviction, 5 days in jail or 240 hours Community service.
• 3^rd Offense: Class 2 Felony, Mandatory Conviction, 3-7 years in IDOC or Probation up to 48 months, mandatory Minimum of 10 days in Jail or 480 hours of Community Service.
  • 1 or 5 year conviction if 1st Offense Court Supervision, 10 year revocation if 1st Offense was a conviction.
• 4^th Offense: Class 2 Felony Non-Probationable, 3-7 years in IDOC 10 year revocation if     1^st offense is court supervision and a lifetime revocation if 1^st offense was conviction
• 5^th Offense: Class 1 Felony Non-probationable, 4-15 years IDOC
• 6^th Offense: Class X Felony Non-probationable 6-30 years IDOC