DUI And The Impact On Your Driving Privileges
Most people who are arrested for a DUI are concerned about whether they will lose their driver’s license. If you refuse to submit to a Breathalyzer test, your license will be automatically suspended under the implied consent law in Illinois. If you are convicted of a DUI charge, and it is your first offense, your driver’s license will be suspended for one year.
However, it is possible to have your driver’s license reinstated or to get a restricted driving permit through a Secretary of State hearing. Having an experienced lawyer at your side for these hearings can help improve your chances of regaining your driving privileges.
At Vergara & Favia Law, LTD, our attorneys help defend against DUI charges and help guide people through the license reinstatement process. We are prepared to put our experience and skills to work for you.
Formal And Informal Hearings
There are two types of license reinstatement hearings, formal and informal. If this is your first offense, you are eligible to attend an informal hearing. If you have been arrested for DUI in the past, you will have to go through the formal hearing process.
Informal hearings do not require an appointment. The only people allowed to attend these types of hearings are yourself, the hearing officer and your lawyer if you have retained legal counsel. These hearings are not recorded and there is no avenue for appealing an informal hearing decision.
It is a common misconception that everyone gets denied in their first formal hearing, so it is a waste of time and money to hire an attorney. Unless you were already driving on a suspended license or have had a recent drunk driving arrest, there is no reason to expect a denial right out of the gate. Many people are denied because the process is confusing. A lawyer can help clarify the process so that you can go in confident and prepared.
In order to have a formal hearing, you must make a written request to the Secretary of State. The date and time will be set for approximately six weeks after making a request. Yourself, your attorney if you have retained one, the hearing officer and a lawyer for the Secretary of State will all attend this hearing. It will be recorded, and you have the right to appeal. Your lawyer is also allowed to ask you questions, a privilege not granted through the informal process.
Contact Us For Help With License Reinstatement
We can help you fight to get your driver’s license and your life, back. Call us at 331-223-4529 or contact us online to schedule an initial consultation. We have two convenient office locations in St. Charles and Wheaton to better serve you.