Difference Between Formal and Informal License Reinstatement Hearings 

If your driver’s license has been suspended or revoked, it may be necessary to attend a hearing in order to make a case for the possible reinstatement of your driving privileges. Informal hearings apply to less serious suspensions. Formal hearings apply to serious infringements, and eligibility is determined by statute and the Secretary of State (SOS) policy.

Other differences are primarily procedural. For example, you do not need to schedule an informal hearing, and you do not need to pay a fee. Formal hearings require advance scheduling and payment of a fee. Locations, timeframes, and outcomes also differ.

Formal Hearings For License Reinstatement in Illinois

In Illinois, you are required to schedule a formal license reinstatement hearing if your license was suspended or revoked for serious violations. These include:

• Two or more DUI convictions
• Causing a crash that led to serious injury or fatality
• Revocations, habitual offender designations, or statutorily specified suspensions
• You wish to apply for a Restricted Driving Permit after a license suspension for a serious infringement

To get a formal hearing, you must apply and pay a filing fee. Formal hearings involve testimony under oath, a Secretary of State attorney, and a hearing officer. The proceedings are recorded in detail. It will take up to 90 days to receive a decision, and you have a limited right to appeal.

Informal Hearings For Driver’s License Reinstatement in Illinois

Informal hearings are much more straightforward. They are conducted at designated Secretary of State hearing locations, and you can simply walk in and have your case for reinstatement heard. Informal hearings apply when:

• Your license has been suspended for a first-time DUI with no aggravating factors or fatalities.
• There is an administrative suspension. For example, you have unpaid traffic fines or tolls, or you were caught driving without insurance. In some instances, you may not need to attend a hearing if you demonstrate compliance and pay fees.
• Your license was suspended due to a high number of points lost for minor moving violations.
• You wish to apply for a Restricted Driving Permit after your license was suspended for a less-serious violation.

You do not have to testify under oath, but you will have to provide evidence that you have addressed the reason your license was suspended and that you are ready to drive again. Timelines to receive a finding vary.

Revocation vs Suspension and License Reinstatement Hearings

If your license has been revoked, the only way to get it reinstated is through a formal license reinstatement hearing in which you demonstrate that you do not present a risk to other road users. License suspension is temporary, but you should not assume that your license is automatically valid after the suspension period has elapsed or you have fulfilled the terms for reinstatement.

Although some reinstatements do not require a hearing, you should not assume that this applies to your context. In general, you can attend an informal reinstatement hearing or pay an administrative fee to have your license reinstated after a suspension, provided it was suspended for a first offense with minor consequences or for administrative reasons. Formal hearings are a requirement for serious offenses or fatal accidents.

In all instances, simply attending an informal or formal hearing does not guarantee a successful outcome. When you are obliged to attend a formal or informal license reinstatement hearing, you must prepare a case for reinstatement. Getting advice from a driver’s license reinstatement lawyer improves your chances of success.