There are two distinctive types of license suspension in DUI cases. First, there is temporary suspension following a chemical test refusal or failure. The state automatically reinstates these licenses after the period of suspension expires, provided that the driver pays a reinstatement fee, submits proof of insurance, and meets other requirements.
The second type of suspension is almost nothing like pre-conviction suspension. Post-conviction suspension not only has a longer period of adverse action, but there is also no automatic reinstatement. So, the “revocation period” is really the minimum amount of time the operator’s license will be invalid, and without an experienced attorney, the revocation period nearly always extends far beyond the minimum time.
Evidentiary Burden in License Revocation Hearings
At Secretary of State reinstatement hearings, drivers have the burden of proof to show that they are not a risk to public safety. At a minimum, drivers must complete alcohol evaluations according to their risk level, a process laid out below.
The hearing officer hardly ever accepts the minimal requirements as proof that the driver is not a threat to public safety, and to convince the officer otherwise, it takes more than an apologetic attitude. Evidence of fitness includes:
- Affidavits of Good Character: Statements from friends and relatives are good because those individuals know the driver best. Statements from substance abuse counsellors or other neutral third parties are even better.
- Prior Driving Record: If the DUI was a one-time aberration, hearing officers are more likely to accept the contrite-heart approach. This tactic only works in low risk first time DUIs, if at all.
- Hardship: If not driving is a hardship to others (and not merely an inconvenience), hearing officers should be made aware of the circumstances.
Any serious driving citations during the revocation period, noncompliance with Breath Alcohol Ignition Interlock Device restrictions, and other such issues significantly hamper license reinstatement efforts, to say the least.
Alcohol Evaluation
Prior to their reinstatement hearings, drivers must complete alcohol risk evaluations, and their classification determines the minimum reinstatement requirements.
- Minimal Risk: First-time offenders with BACs under .15 and no signs of dependence must complete at least 10 hours of alcohol education.
- Moderate Risk: First-time offenders who either refused the test or had a BAC between .15 and .19, and have no dependency symptoms, must complete the alcohol education class and at least 12 hours of early intervention treatment.
- Significant Risk: First-time offenders with BACs above .20, or if they show one dependency symptom, and second-time offenders must complete a risk education class, 20 hours of treatment, and any mandatory aftercare.
- High Risk: Offenders with more than one dependency symptom or at least three prior convictions must complete 75 treatment hours and any required aftercare.
In some cases, prior reckless driving convictions count as prior DUI convictions.
Count on Experienced Attorneys
Post-DUI conviction drivers’ license reinstatement is not an easy task. Rely on seasoned attorneys who have been highly successful in this field. For a confidential consultation with an experienced criminal defense attorney in Schaumburg,
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