Repeated traffic violations, criminal convictions like driving under the influence (DUI), and failure to pay traffic fines or child support can all lead to the Illinois Secretary of State revoking a driver’s license. And, unlike a license suspension, getting your driving privileges back isn’t as simple as waiting out the suspension and paying a reinstatement fee.
When your license is revoked, it’s terminated indefinitely, although you may be eligible to apply for reinstatement.
But what exactly do you have to do, and should you hire an attorney?
That’s what Chicago traffic attorney Derek Martin addresses in this guide to license reinstatement in Illinois.
An Overview of the Process
The process of getting your license reinstatement, at a very broad level, involves:
- Determining your eligibility
- Evaluation and treatment (if your license was revoked because of a DUI)
- Attending a reinstatement hearing
- Completing additional requirements.
This might seem easy, but there are many considerations you need to know about before going through this process.
The first is whether you’re even eligible for license reinstatement. The Illinois Secretary of State won’t stop you from attending a reinstatement hearing if you’re not eligible. You can go through the entire process and wait for the outcome, only to get denied.
If your license was revoked because of a DUI, the next step is to complete any court-mandated treatment programs or classes and have a drug and alcohol evaluation. This must be within six months of your reinstatement hearing, which will either be an informal hearing at the DMV or a formal hearing at one of four facilities in the State.
So, do you need an attorney? The short answer is no. The Illinois Secretary of State doesn’t require you to have an attorney present during your reinstatement hearing, whether formal or informal.
That said, there are advantages to hiring a professional to support you through the process.
The Case for Handling Your Hearing Independently
One of the most obvious benefits of representing yourself in your reinstatement hearing is that you’ll save money on attorney fees. For drivers already facing financial strain from fines, budgeting for a car and increased insurance premiums, and paying for Ubers to get to and from work, every cost-saving measure helps.
Successfully handling your reinstatement hearing independently can also provide a genuine sense of accomplishment and empowerment. Having your license revoked strips you of your freedom, so taking charge of the process can finally give you a feeling of being in control. It can also provide a massive confidence boost. Getting your license back is not easy, but if you’re successful, knowing that you’ve done it all on your own gives you a major sense of achievement and gives you the perfect footing to finally be back on the road.
If you’re dealing with a first-time DUI with no complicating factors, have completed all required programs, maintained steady employment, and can clearly articulate the changes you’ve made in your life, you may be well-positioned to handle the process yourself.
The Reality of Going It Alone
While self-representation is possible, it’s important to understand what you’re taking on. When you choose to handle your reinstatement hearing independently, you become solely responsible for every aspect of the process. This means ensuring you understand all requirements, gathering appropriate documentation, completing evaluations correctly, and preparing thoroughly for your hearing.
The Illinois Secretary of State won’t provide extra consideration or cut you any slack simply because you’re representing yourself. Hearing officers maintain the same standards regardless of whether you appear with an attorney or alone. They expect you to understand the process, present your case effectively, and answer questions clearly and honestly.
Perhaps most importantly, you’ll need to prepare for the hearing without guidance on what questions you will likely face or how to frame your responses effectively. Hearing officers are skilled at identifying inconsistencies, and they’ve heard every excuse and explanation imaginable. Without professional coaching, you may inadvertently say something that undermines your case or fail to emphasize points that could strengthen your position.
How an Attorney Can Improve Your Chances
Hiring an experienced Illinois license reinstatement attorney brings several advantages to your case that can significantly improve your chances of success.
First, reinstatement lawyers have significant experience in handling license reinstatement proceedings and can help you avoid common pitfalls that could lead to a denial. They will guide you through gathering the right documents, preparing for the hearing, and presenting your case in the best possible light.
If you are unfamiliar with the process, have had difficulties in the past, or find yourself easily flustered, hiring legal representation can reduce stress — especially if you need to attend a more intimidating formal hearing where you’re cross-examined by the State. In this case, having an attorney means you won’t face questioning alone. Your attorney will lead and ask you the questions you’ve practiced and prepared for. An attorney’s guidance can also be invaluable early on in the process. Interpreting your driver abstract can sometimes feel like reading another language, but it’s important to understand what each code means to ensure you don’t have any open and pending cases against you. More importantly, make sure those cases are resolved before you begin the process of getting your license reinstated.
While hiring an attorney comes with a cost, you might actually save money in the long term. The reinstatement process is expensive, and between evaluations, fees, and other requirements, the cost quickly adds up. A single mistake can lead to delays or require you to restart the process entirely.
If your hearing doesn’t go how you’d hoped, your denial letter will explain in detail what you need to address, giving you an advantage when reapplying. However, an experienced attorney can help you get the best result the first time around.
If your license was revoked because of a DUI, you’ll also need to complete a drug and alcohol evaluation. Just as in any profession, some evaluators are better and more experienced than others. A well-written evaluation can distinguish between a successful reinstatement hearing and a denial, so you must choose the right person to evaluate your case.
The benefit of working with an attorney is that they have a network you can tap into. They’ve often spent years working with different evaluators and know who is reputable and will responsibly assess your readiness to drive. Your attorney can provide you with a list of reliable evaluators so that you can make the right choice and advise you on what to expect during your evaluation.
Making the Right Decision for Your Situation
Ultimately, the decision to hire an attorney for your license reinstatement hearing depends on your circumstances, comfort level with the legal process, and financial situation.
Thousands of drivers successfully navigate this process on their own each year, and there’s something undeniably empowering about taking control of your situation and advocating for yourself. However, you shouldn’t dismiss hiring professional help, especially when you’re regaining your driving privileges and your livelihood and independence.
Our dedicated team gathers information from all the reliable sources to make the law accessible and understandable for everyone. We provide the latest legal news stories from across the country, delivered straight to you.