Main Office Location 303 West Madison, Suite 1925 Chicago, IL 60606 Phone (312) 346-4555 Fax (312)334-9601 Second Office Location 1821 Walden Office Square, 4th Floor Schaumburg, IL. 60173 Phone (847) 397-1112 Fax (312) 334-9601 info@wisecriminal defense.com |
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t the Law Offices of Howard J. Wise & Associates, we provide expert representation for all Illinois Secretary of State administrative hearings. Our attorneys have successfully represented clients in both formal and informal hearings and helped them gain back their driving privileges. Let our knowledge and expertise work for you! We know from years of experience how to achieve the results you desire, even when you do not believe these results are possible.
In Illinois, a DUI conviction carries a mandatory revocation of a person’s driving privileges. Revocation penalties for DUI convictions are as follows:
| 1. | First DUI Conviction | -- | Minimum One Year Revocation |
| 2. | Second DUI Conviction | -- | Minimum Five Year Revocation |
| 3. | Third DUI Conviction | -- | Minimum 10 Year Revocation |
| 4. | Fourth DUI Conviction | -- | Lifetime |
Mandatory Revocations:
Persons convicted of the following traffic offenses will have their driving privileges revoked:
- Reckless Homicide
- Driving Under the Influence (DUI) (625 ILCS 5/11-501a)
- Leaving the Scene of an Accident Involving Injury or Death
- Three Offenses of Reckless Driving Within 12 Months
- Drag Racing
- Aggravated Fleeing and Eluding the Police
- Operating a Commercial Motor Vehicle when Driving Privileges are Revoked, Suspended, Canceled or Subject to Disqualification
- Persons Under Age 21 with Two Convictions for Possession or Transportation of Alcohol In a Motor Vehicle Regardless of Time Period
Driver’s License Reinstatement:
To have driving privileges reinstated, a driver convicted of DUI must:
- Have a clear driving record other than the revocation sanction.
- Undergo an alcohol and drug evaluation. If an alcohol or drug problem is indicated, proof of treatment must be submitted.
- Complete an alcohol and drug remedial education program. Even if the evaluation does not recommend treatment, the driver is still required to complete a remedial education program.
- Appear before a Secretary of State hearing officer. For a first offense, an informal hearing may be conducted by visiting a hearing officer at one of the regional Driver Services facilities. Multiple offenders must request in writing, pay a $50 non-refundable filing fee and attend a formal hearing in Chicago, Springfield, Mt. Vernon or Joliet.
- Demonstrate during the hearing that public safety will not be endangered if driving privileges are restored. The hearing officer considers the seriousness of the offense, the offender’s overall driving record and the driver’s remedial efforts.
- File proof of financial responsibility prior to reinstatement, pay a $500 reinstatement fee, pass the driver’s license exam (written, vision, and driving portions) and pay the appropriate application fee.
- Repeat offenders must pay an additional $500 in reinstatement fees.
For more information on driver’s license reinstatement click on Driver's License Reinstatement Information.
Discretionary Suspension:
Illinois law allows the Illinois Secretary of State to suspend the driving privilege of drivers convicted of the following offenses:
- Any offense for which a revocation is required
- Three moving violations within a 12-month period
- Permitting unlawful or fraudulent use of a driver's license
- Committing an offense in another state which would be grounds for revocation or suspension in Illinois
- Possession, display or attempted fraudulent use of a license, permit or identification card issued to another
- Driving without a license
- Driving on an invalid license
- Driving a type of vehicle for which a license has not been issued (for example, driving a motorcycle without a motorcycle license)
- Fleeing or attempting to elude the police
- Leaving the scene of a property damage accident involving more than $1,000.00 in damages
- Illegal operation of a motor vehicle resulting in a death or injury requiring immediate treatment in a medical facility or doctor's office
- Two violations of possession or transportation of alcohol in a motor vehicle
- Refusing to submit to chemical testing after an arrest for driving under the influence
- Submission to chemical testing which reveals a blood alcohol content of .08 or greater or any amount of drug substance or compound resulting from the unlawful consumption of cannabis or a controlled substance
- Alteration, fictional or fraudulent use of handicapped license plates or parking placard
Statutory Summary Suspension Penalties:
| Offense | Loss of Driving Privileges |
Driving Permit |
Failing Chemical Testing, First Offense |
6 Months |
Eligible for MDDD on 31st day of suspension |
| Refusing to Submit to Chemical Testing, First Offense | 12 Months |
Eligible for MDDD on 31st day of suspension |
| Failing Chemical Testing, Second or Subsequent Offense Within 5 Years | 12 Months |
Not eligible for MDDD; not eligible for RDP |
| Refusing to Submit to Chemical Testing, Second or Subsequent Offense Within 5 Years | 36 Months |
Not eligible for MDDD; not eligible for RDP |
NOTE: If a Commercial Driver’s License (CDL) holder receives a Statutory Summary Suspension, his/her CDL privileges will be disqualified for 12 months if a first offender and lifetime disqualification for a second offender.
Drivers UnderAge 21
In addition to the violations listed above, if you are under age 21, the Illinois Secretary of State has the discretion to suspend your driving privileges if you are found guilty of the following offenses:
- transportation or possession of open alcohol in a motor vehicle;
- two moving violations in a 24-month period; and possession of alcohol under the age of 21.
If your license has been revoked, you need a skilled aggressive attorney to help you regain your driving privileges. You need a lawyer who knows from years of experience how to achieve the results you desire.
DON'T RISK YOUR FUTURE! LET US PUT OUR EXPERIENCE AND KNOWLEDGE OF THE SYSTEM TO WORK FOR YOU!
CALL NOW FOR A FREE CONSULTATION - REASONABLE FEES
OUR 24-HOUR PHONE NUMBER IS (312) 346-4555
HELPFUL LINKS:
Driver's License Reinstatement Information
Illinois Secretary of State 2010 DUI Fact Book
The Law Offices of Howard J. Wise & Associates represents clients throughout Illinois, including Cook County, DuPage County, Lake County, Kane County, Will County, including all courtrooms located in Chicago, Skokie, Rolling Meadows, Maywood, Bridgeview, Markham, Addison, Downer’s Grove, Glendale Heights, Wheaton, Lakehurst, Lindenhurst, Mundelein, Waukegan, Elgin, St. Charles, Joliet, and surrounding areas.
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