State Hearings

A new law, effective 1-1-16, increases to five years the amount of time a repeat DUI offender has to be on a restricted driving permit – and drive with a breath ignition interlock – before he or she can apply to the secretary of state’s office to get full driving privileges restored. Before the new law, repeat DUI offenders could get a device removed after only 12 consecutive months of driving without the device detecting alcohol. This law created an extension of time persons with multiple convictions are required to drive with BAIID devices during their RDP before being eligible for full reinstatement. The law requires that anyone with 2 or more DUI convictions have BAIID installed for 5 years while on a RDP before being considered for full reinstatement

If you were convicted of a DUI, the Secretary of State will suspend or revoke your drivering privileges.  In order to have it reinstated, you must attend an administrative hearing before the Secretary of State.  There are both formal and informal hearings.  If you have had one DUI you may proceed in an informal hearing.  If you have had multiple DUI’s, you will be required to have a formal hearing.  You may be required to install a BAID device to monitor any alcohol consumption before and during driving.  You will be required to answer questions concerning the arrest, alcohol abuse, dependence and what changes you have made to your life since the arrest. You may be granted a restricted driver’s permit prior to full reinstatement.  Your license can be reinstated only after going through the hearing process.

It is a complicated process.  You need to be represented by an experienced attorney.  We assist in preparing you for the hearing, by evaluating your eligibility, obtaining an updated alcohol assessment and the necessary paperwork.  We discuss the questions that may be asked of you. Being prepared is essential to a successful hearing.

Call Marder & Seidler at 847-985-6767 for a free and confidential consultation. In practice since 1978.