Can I Appeal a License Reinstatement Denial in Illinois?

Losing your license can be an incredibly difficult situation, impacting your life and ability to hold a job. It usually happens because of something serious, most often a DUI conviction, but a license may also be taken away due to too many moving violations or a vehicle-related felony.

Unfortunately, many applicants receive a denial from the Illinois Secretary of State due to the complicated nature of the process. Understanding your legal recourse to appeal a license reinstatement denial in Illinois is important to receiving your license back. Working with a Springfield driver’s license reinstatement attorney from Holley, Rosen & Beard, LLC can help.

The Legal Differences Between Suspension vs. Revocation

A driver’s license suspension is a temporary loss for a specific period of time. Generally, after which, you pay a fee and privileges are reinstated. A revocation, however, is an indefinite loss.

Before seeking a hearing for a revocation based on offenses other than a DUI, an attorney may first try to address the underlying issue directly. It may be possible for them to petition a suspension or revocation by reopening and successfully challenging the underlying conviction that triggered the loss in the first place, and even removing the offense from their record.

If a driver’s license reinstatement hearing is required, the proceedings will fall into one of two categories: informal or formal.

The Role of Formal and Informal Hearings

The type of hearing dictates the complexity of requirements and the available appeals process. Informal hearings are reserved for drivers with only a single DUI on their record and are held on a walk-in basis at local Secretary of State facilities. Only the applicant and the hearing officer are present. Following a denial in an informal hearing, the applicant is permitted to request another informal hearing after 30 days.

Formal hearings are mandatory when a person has multiple DUIs on their record, the offense involved a death, or they are seeking modification of a prior order. These can be highly intimidating, trial-like proceedings held at only four designated Secretary of State locations and are attended by an attorney representing the Secretary of State.

Your Options After a Denial

The path forward after receiving a denial rests solely on whether the decision came from a formal or informal proceeding. If the denial resulted from a formal hearing, the petitioner can either file an appeal through their local Circuit Court or seek another hearing in three months following the denial order.

If the denial resulted from an informal hearing, the petitioner must reapply for another hearing after 30 days. Since the denial letter provides the exact reasons for rejection, the driver must address these specific issues before appearing again. Issues often involve missing documents or inconsistent testimony.

The Burden of Proof

The high percentage of denials typically stems from the burden of proof being placed upon the petitioner. The Secretary of State will not restore your driver’s license until it is fully satisfied that the driver is not a risk to public safety. The petitioner must demonstrate this through an approved alcohol/drug evaluation, completion of a treatment program, and providing credible, consistent testimony.

Success in the Illinois license reinstatement process, whether through an initial hearing or a subsequent appeal, demands meticulous preparation to satisfy these state’s strict requirements.