Driver's License Reinstatement

Published on: October 5, 2012

Is there any point at which Illinois will never give you a driver’s license?

The State of New York recently passed a law that if you have five (or more ) convictions for Driving Under the Influence (DUI), you may never again obtain a driver’s license. Under this law, if a revoked driver applies for reinstatement, the DMV will check the applicant’s driving record and automatically deny the application if the record shows five or more DUI convictions.

Illinois a has a provision that imposes a lifetime ban on any type of driving relief, even a restricted driving permit (RDP), if an applicant has four or more DUI convictions. 625 ILCS 5/6-208(b)(4) However, under Secretary of State administrative rules, at least one of the convictions must have arisen from a DUI arrest that occurred on or after January 1, 1999. 92 Illinois Administrative Code §1001.420(o).

In determining whether you fit under the “four-and-out” rule, there are a few things to keep in mind. First, as indicated, someone with four or more convictions remains eligible to apply for a license if all the arrests were before January 1, 1999.

Another requirement is that there be four or more “convictions”. A disposition of court supervision does not count as a conviction. 730 ILCS 5/5-6-3.1(f); Kirwan v. Welch, 133 Ill. 2d 163, 139 Ill. Dec. 836, 549 N.E.2d 348 (1989) Nor does a reckless driving conviction count, even if you were originally charged with DUI.

The number of DUI convictions that you have on your Illinois driving record determines whether you will be revoked for one year (one conviction), five years (two convictions within 20 years) or 10 years (three convictions). Most states, under the Interstate Driver’s License Compact (Compact), are supposed to report to Illinois any DUI convictions that a driver who holds an Illinois license receives in the state of arrest and conviction. However, this reporting often does not happen, although the failure to report seems to be occurring less frequently in more recent times than it did in the past.

In calculating how long you will be revoked following a DUI conviction, Illinois only takes into account the arrests that the other states report to Illinois, unless the total of convictions is four or more. In the four or more situation, Illinois must include all out-of-state convictions, even those that were not directly reported to Illinois. Girard v. White, 356 Ill. App. 3d 11, 292 Ill. Dec. 376, 826 N.E.2d 517, (1 Dist. 2005) Illinois finds out about these non reported DUI offenses by reviewing a nationwide database through a process known as Problem Driver Pointer System (PDPS).

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Published on: September 21, 2012

Under what circumstances is a Drug and Alcohol Evaluation required in Illinois?

By Theodore Harvatin

Illinois law provides for different situations in which a person arrested for Driving Under the Influence (DUI) may be required to obtain a Drug and Alcohol Evaluation Uniform Report. It all begins with some sort of encounter with law enforcement, possibly a traffic violation which, according to Terry v. Ohio 392 US 1, 20 L.Ed. 2d 889 (1968) is a permissible basis for a police officer to come into contact with a member of the public.

Or the driver may be involved in a collision that, even though not the driver’s fault, forms the basis of a police intrusion. Even a burned out turn signal, a DUI roadblock or a random running of a license plate can justify a stop.

Thereafter, the officer may detect signs of possible impairment. These may include an odor of alcohol, slurred speech, bloodshot, watery eyes, confusion about where you have been and where you are going, and difficulty producing your license, registration and insurance cards. Following that, the officer will probably ask you to exit your vehicle so that he can administer standardized field sobriety tests.

The three tests that are typically administered are the Horizontal Gaze Nystagmus (the HGN is the procedure in which the police move a pencil across your line of vision), the walk-and-turn (walking a straight line) and the one-legged stand, or OLS. Each test is scored for the number of clues (errors) from which the officer makes a subjective conclusion as to whether or not you passed.

The next test will be administered using a Portable Breath Test (PBT) device, as authorized by Illinois law (625 ILCS 5/11-501.5) to determine whether there exists probable cause to arrest for DUI. However the PBT results are not admissible in the DUI prosecution itself as a means of proving your alcohol blood alcohol content.

At this point, the police will decide whether or not to arrest you. If you are arrested, you will be asked to take a “chemical test”, either of your breath or blood. The breath test is administered with a type of machine that the Illinois State Police have allegedly certified for accuracy pursuant to 20 Illinois Administrative Code, Part 1286. The results of this test are admissible at trial to prove your blood alcohol contents. 625 ILCS 5/11-501.2

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Published on: September 14, 2012

What is an Illinois Alcohol and Drug Evaluation?

By Theodore Harvatin

If you are arrested for Driving Under the Influence (DUI) in Illinois, you may be required to obtain an Illinois Alcohol and Drug Evaluation Uniform Report (Evaluation) An Evaluation is necessary as a condition of being sentenced to court supervision as well as when preparing for a driver’s license hearing following a DUI revocation.

Court supervision for a DUI arrest is available only if you have never received court supervision and never been convicted of DUI in Illinois or any other state. Supervision is also unavailable if you have previously received a reckless driving disposition as a result of a plea bargain. 730 ILCS 5/5-6.1(d) While it appears clear to this writer that this exception was intended to apply only when an initial DUI charge is pled down to reckless driving, the Illinois Supreme Court has held that any plea bargain involving reckless driving, even if alcohol or other drugs were not in any way involved, will preclude a subsequent DUI supervision. People ex rel. Madigan v. Kinzer, 232 Ill. 2d 179, 902 N.E.2d 667, 327 Ill. Dec. 546 (2009)

A disposition of court supervision and successful completion of the terms of supervision is not a “conviction” 730 ILCS 5/5-6-3.1(f) Therefore, a sentence of court supervision for DUI will not cause a driver’s license revocation, since a revocation requires a conviction. 625 ILCS 5/6-205(a)(2)

On the other hand, if you are convicted of DUI, your driver’s license will be revoked. In order to restore your driving privileges, you must have a driver’s license hearing with the Secretary of State. 625 ILCS 2/118
Thus, if you are preparing to be sentenced to court supervision or to have a driver’s license hearing, you must obtain an Evaluation. The Evaluation is important to the process, as it is the basis for determining how many hours of alcohol classes you will be required to complete.

The Evaluation must list all DUI “dispositions”. That term encompasses DUI convictions, supervisions, reckless driving pled down from DUI, statutory summary suspensions and implied consent suspensions imposed by 625 ILCS 5/6-206(a)(31) Out-of-state dispositions must be listed.

The Evaluation, as well as the first updated report, must include a detailed discussion of the last DUI disposition. The Evaluation must list any arrests for Boating or Snowmobiling Under the Influence, zero tolerance offenses, as well as any non-driving related offenses in which alcohol or other drugs were a factor, including under aged drinking and fake ID tickets, along with criminal charges (felonies and misdemeanors) in which alcohol or other drugs were a factor.

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Published on: August 10, 2012

What happens if I have a driver’s license from another state and receive an Illinois DUI?

By Theodore Harvatin

What happens if you find yourself in a situation similar to that of Kansas City Chiefs cornerback Donald Washington ? At a time he was a resident of another state, Washington was arrested for an Illinois DUI (Driving Under the Influence) charge.

In addition to DUI charges, Washington was arrested for possession of marijuana and driving on a suspended license. Apparently, Washington’s driver’s license issued by another state is suspended. Furthermore, police found a bag of crushed pills.

Because the police were unable to determine what substances the pills contained, they were sent off to the Illinois State Police crime lab for further analysis. Therefore, other charges relating to possible drug possession are pending.

Whenever a person is arrested for DUI in Illinois, the police demand bail. The purpose of bail is ensure the defendant returns to court to answer the charges. Stack v. Boyle, 342 U.S. 1, 72 S. Ct. 1, 96 L. Ed. 3 (1951)

Under Supreme Court Rules, the standard bail for a resident of Illinois for a misdemeanor DUI is $3000.00. Supreme Court Rule 526(c) In lieu of all-cash bail, an Illinois resident with a valid driver’s license may post $1,000.00 cash bail and their driver’s license. Supreme Court Rule 526 (e)

However, Illinois is unusual in that bail bondsmen have been eliminated. Rather than paying the bondsman ten percent of the bail amount, a sum that the accused never recovers even if the charges are dropped, the accused is required to post with the clerk of the court ten percent of the amount of the bail, meaning that in a DUI the cash bail will normally be $300.00, or $100.00 plus your driver’s license. Supreme Court Rule 529
If you post bail and fail to appear at trial in a DUI case, the cash you posted will be forfeited, you will find that your driver’s license is suspended and a warrant will be issued for your arrest. If the charges are dropped, bail will be refunded to whoever posted it, minus a small service charge. If you are convicted, bail may be applied to your fine or paid over to your attorney if you executed a bond assignment.

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Published on: July 27, 2012

What are the rules in Illinois about when I can request a driver’s license after a DUI?

By Theodore Harvatin

For many, the most troublesome part of an arrest for Driving Under the Influence (DUI) in Illinois is the loss of your driver’s license. A single DUI conviction results in a driver’s license revocation. 625 ILCS 5/6-205(a)(2) This includes out-of-state convictions. 625 ILCS 5/6-206(a)(6)

A revocation causes the termination of your driver’s license and your privilege to operate a motor vehicle upon the Illinois roadways. You must have a hearing with the Illinois Secretary of State if your license is revoked. However, before you can request a full license, you must wait out the revocation period, which can be 1, 5 or 10 years.

A single DUI conviction in Illinois, or an out-of-state conviction that the other state reports to Illinois, causes a revocation for one year (the waiting period). If you have two convictions within 20 years of each other, your revocation will be in effect for five years. A third conviction, no matter how many years it occurs from the second conviction, will result in your being revoked for ten years. 625 ILCS 5/6-208
Because it is a revocation, you do not receive your license back after a year. You must have a driver’s license hearing and meet all the requirements of the Secretary of State. 625 ILCS 5/2-118; 92 Illinois Administrative Code § 1000.10 et. seq.

However, depending upon the status of your statutory summary suspension (SSS), you may be entitled to request a hardship license (RDP). This privilege only applies if you are what is known as a “first offender”, meaning that you have not been arrested for a DUI in the previous five years. 625 ILCS 5/11-500
First offenders may apply for an RDP with the Secretary of State during the SSS. The SSS for a first offender who agrees to give a breath or blood test is six months. It is one year if you do not agree to provide a sample.

Non-first offenders must wait out their entire suspension, a period of time that will be one or three years. The suspension will run for one year if you give a breath or blood sample at the time of the most recent DUI and three years if you refuse. 625 ILCS 5/6-208.1 Even if you have a driver’s license issued by another state, that foreign license will not be valid in Illinois if your driving privileges are revoked here.

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Published on: June 29, 2012

Will my Illinois Driver’s License be Suspended or Revoked from an Out-of-State DUI?

By Theodore Harvatin

Most are aware that it is illegal to operate a motor vehicle in the state of Illinois while under the influence. If you are convicted of Driving Under the Influence (DUI), your driver’s license will be revoked. 625 ILCS 5/6-205(a)(2)

A revocation is a termination of your present driver’s license and driving privileges. 625 ILCS 5/1-176 In order to reacquire the legal authority to drive, you must apply for a new driver’s license through an administrative hearing with the Illinois Secretary of State.

You cannot make application for a new license immediately. For a first conviction, you must wait one year. For a second conviction that occurs less than 20 years after the first conviction, you are required to wait five years.

A third conviction, no matter how many years it occurs after the second one, entails a waiting period of ten years. 625 ILCS 5/6-208(b) A fourth conviction, including out-of-state convictions, makes you ineligible to apply for a license for your entire life, if any of the offenses occurred after January 1, 1999. 625 ILCS 5/6-208(b)4); 92 Illinois Administrative Code §1001.420(o)

A DUI that is dismissed, or reduced to reckless driving, or a successfully completed court supervision do not count as convictions. Therefore, every DUI arrest might not count against you for purpose of determining at what point you are eligible to apply for reinstatement.

Someone with one DUI conviction may apply for a Restricted Driving Permit (RDP) (also known as hardship license or work permit) after 30 days. Following a second or third conviction, there is a one-year waiting period before you can apply for an RDP. A person with four or more convictions cannot request an RDP.

You must also consider the effect of a statutory summary suspension (SSS). An SSS is entered at the time of a DUI arrest when you are asked to take a breath or blood test and either refuse to do so, or register above the legal limit of .08.

Forty six days after you are served with the summary suspension notice, your driver’s license will be suspended for between six months and three years, the length of which depends upon how many prior DUIS you have on your record and on whether you took or refused the test at the time of the most recent DUI.

A suspension is a temporary withdrawal of driving privileges for a specific period of time. 625 ILCS 5/1-204 When the period of time ends, the suspension terminates.

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Published on: June 22, 2012

Illinois DUI Fatality and Drive’s License Reinstatement

By Theodore Harvatin

The Illinois Driver’s Licensing law provides a number of behaviors that will result in a revocation of your driver’s license, in accordance with 625 ILCS 5/6-205. The revocations under this law are known as mandatory, which means that if it is proven that you engaged in the prohibited conduct, the Illinois Secretary of State, the administrative agency that administers the driver’s license laws, is required to revoke your license.

Mandatory revocations include a conviction for Driving Under the Influence of Alcohol (DUI), commission of a felony in which a motor vehicle was used, leaving the scene of a crash involving death or personal injury (a three year revocation under 625 ILCS 5/6-208(b)), three convictions for reckless driving, a drag racing or street racing conviction, aggravated fleeing or eluding a police officer, two convictions for illegal transportation of alcohol if you are a youthful offender (under 21), any conviction for a traffic violation, the commission of which was the proximate cause of death of any person, reckless homicide and a second conviction for driving on a revoked license where the revocation was due to a previous reckless homicide conviction.

In 2003, the Illinois Supreme Court ruled that the reckless homicide law is unconstitutional. People v. Pomykala, 203 Ill. 2d 198, 784 N.E.2d 784, 271 Ill. Dec. 230 (2003) The Court held that because the reckless homicide law shifted the burden of proof to the defendant to prove he was not reckless, it violated due process by creating a mandatory presumption of reckless conduct.

In response to this ruling, the Illinois General Assembly, made up of the Illinois State Senate and the Illinois House of Representatives, amended to DUI law to provide for aggravated DUI. Under 625 ILCS 5/11-501(d)(1)(F), aggravated DUI occurs when a person, while violating the DUI law, is involved in a motor vehicle, snowmobile, ATV or watercraft crash that results in the death of another person, if the DUI was the proximate cause of the death.

Any aggravated DUI is a felony. For an aggravated DUI involving a single death, the offense is a Class-2 felony with no chance of probation absent “extraordinary circumstances”. Additional deaths elevate the minimum and maximum jail time. 625 ILCS 5/11-501(2)(G).

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Published on: June 8, 2012

What happens in Illinois if my license is revoked or suspended but I did not know it?

By Theodore Harvatin

In Illinois, if you are convicted of Driving Under the Influence (DUI), the Secretary of State is required by law to revoke your driver’s license. 625 ILCS 5/6-205(a)(2) And while not required to do so, the Secretary of State has the discretionary authority to revoke your driver’s license if you are convicted in another state of DUI at a time that you hold an Illinois driver’s license or are a resident of Illinois. 625 ILCS 5/6-205(a)(6)

Illinois sentencing laws provide for court supervision. 730 ILCS 5/5-6-3.1 A disposition of court supervision is not a considered to be a conviction even though you plead guilty to the offense. People v. Williams, 127 Ill. App. 3d 231, 468 N.E.2d 807, 82 Ill. Dec. 260 (3d. Dist. 1984) Court supervision avoids a driver’s license revocation.

Supervision is an option only if you have never been convicted of DUI and never been assigned DUI court supervision on a previous occasion. 730 ILCS 5/5-6-1 If you are convicted of a DUI that arose in another state, your driver’s license will be revoked even though had you received the DUI in Illinois, you would have been eligible for supervision. Schultz v. Edgar, 170 Ill.App.3d 36, 37, 120 Ill.Dec. 378, 523 N.E.2d 1289, 1290 (1988),
Keep in mind that there is a difference between a suspension and a revocation. If you are arrested for DUI in Illinois, you will be asked to take a breath test. If you refuse, your driver’s license will be suspended for either one or three years. The same applies if you refuse a breath test in another state.

The suspension will be for one year if you are considered a first offender, meaning that you have not had a DUI arrest in the prior 5 years. The suspension will run for 3 years if your last arrest was less than 5 years before the new arrest. 625 ILCS 5/6-208

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Published on: April 27, 2012

Alcohol related driver’s license revocations and suspensions other than DUI in Illinois

By Theodore Harvatin

Illinois law makes it illegal to drive under the influence (DUI) of alcohol. The DUI law is found at 625 ILCS 5/11-501.

Laws are formally known as “statutes”. They begin as bills that elected members of the Illinois General Assembly propose.

A bill is initially sent to a committee that consists of a few members of the General Assembly. After the committee hears testimony for and against a bill, the committee refers the bill to the full General Assembly. Those bills that receive enough votes from the full General Assembly become laws, including the DUI laws.

The DUI laws run on two separate tracks. A criminal case is filed if you are arrested for DUI.

If you are eventually convicted of DUI, you may be subject to jail and or fines. Furthermore, your driver’s license will be revoked. 625 ILCS 5/6-205 (a)(2) Note that none of this happens until after you have had a right to defend yourself in a court of law, in which the state must prove you guilty beyond a reasonable doubt.

The second track involves a suspension of your license, known as a Statutory Summary Suspension (“SSS”). 625 ILCS 5/11-501.1 unlike a revocation, which causes a permanent loss of your license until you have a driver’s license hearing, a suspension ends automatically when the time period of the suspension has run out. 625 ILCS 5/1-204
You will face an SSS if you provide blood or breath samples that result in a reading of .08 or higher, or if you elect not to provide a sample. 625 ILCS 5/6-208.1 If you are a “first offender”, meaning that it has been more than 5 years since you were convicted of DUI, then the SSS will last for 6 months if you test over the legal limit and 12 months if you do not test. However, if you are a non first offender, you lose your license for 12 months if you test and 36 months upon a refusal of testing. 625 ILCS 5/6-208.1
Unlike the criminal part of the DUI, where there must be proof of your guilt beyond a reasonable doubt, the proof needed to establish an SSS is minimal. Moreover, the burden is on you, rather than on the state, to prove why your license should not be suspended.

The Illinois courts have held this procedure is constitutional. People v. Griffith, 153 Ill. App. 3d 856, 106 Ill. Dec. 723, 506 N.E.2d 430 (2 Dist. 1987) Courts have also held that punishing you in the criminal court, in addition to imposing an SSS, does not violate the Double Jeopardy clause of the United States Constitution. People v. Fasbinder, 278 Ill. App. 3d 855, 215 Ill. Dec. 538, 663 N.E.2d 1052 (4 Dist. 1996).

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Published on: February 3, 2012

Sangamon County Driving Under the Influence and Loss of Driver’s License

By Theodore Harvatin

In Pennsylvania, until you are convicted of a DUI charge, you will ordinarily not lose your driver’s license. However, one Pennsylvania judge does require certain offenders to surrender their driver’s license without a guilty finding.

There are a number of DUI laws that are uniform throughout all 50 states. Illinois, like the other 49 states, makes it illegal to operate a motor vehicle with an alcohol concentration of .08 or greater “blood or breath units” 625 ILCS 5/11-501(a)(1) “Alcohol concentration” means “either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath”. 625 ILCS 5/11-501.2(a)(5)

Blood concentration is measured by drawing blood from you body, analyzing the results and determining what percentage of your blood contains alcohol. Qualified medical personnel must draw the blood, and the testing must be performed in accordance with procedures that the Illinois State Police establish and publish in administrative rules. 625 ILCS 5/11-501.2(a)(1); 20 Ill. Admin. Code §1286.320
As an alternative, law enforcement may turn to breath testing. In this type of testing, you will expel air from your lungs into a machine. The machine supposedly converts the air in your lungs into an equivalent quantity of alcohol in your bloodstream.

The results of this test can lead to a DUI conviction.The testing procedures are regulated by State Police Rules 20 Ill. Admin. Code §1286.200
In most circumstances, you have a choice about whether or not to submit to testing. Some exercise the choice to not test because they do not trust the science. This is logical, as the blood and breath test both involved a number of procedures, and errors do occur.

In a prosecution for DUI, the burden is on the state to establish that the test was conducted in compliance with the applicable Illinois State Police Breath Testing regulations. People v. Emrich, 113 Ill.2d 343 (1986) It violates the Constitution for the state to require you to prove the machine was defective once you have cast doubt upon its reliability. People v. Orth, 124 Ill.2d 326 (1988)

Some parts of the Illinois DUI laws differ from the laws of other states. For instance, your driver’s license can be suspended before you have ever been convicted of a DUI. In fact, a suspension can remain in effect even if the DUI charge is dismissed or you are found not guilty.

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