Secretary of State Hearing Requirements for DUI

In Illinois, driving an automobile has been firmly established to be a privilege and not a right. The Secretary of State is required to revoke the license of anyone convicted of Driving Under the Influence of Alcohol or Drugs (DUI) or caught and prosecuted for Driving Under the Influence in a State other than Illinois. Relief must be granted pursuant to either an Informal or Formal Administrative Hearing at the Illinois Secretary of State.

MINIMAL RISK

• Must document successful completion of a DUI Risk Education Course.

MODERATE RISK

• Must document successful completion of a DUI Risk Education Course.
• Must document successful completion of an Early Intervention Program on the providing agency’s letterhead indicating the number of hours completed, dates of involvement, a summary of what was explored/addressed and the outcome of your involvement.
• Must document successful completion of any other substance abuse treatment recommended by a licensed evaluator or treatment provider.

SIGNIFICANT RISK

• Must document successful completion of a DUI Risk Education Course.
• Must document on an original Secretary of State Treatment Verification form successful completion of any substance abuse treatment recommended by a licensed evaluator or treatment provider, including:
  • Copy of the Individualized Treatment Plan.
  • Copy of Discharge Summary.
  • Copy of Continuing Care Plan.
  • Original Continuing Care Status Report.
• If no treatment provided, must submit a treatment waiver prepared on the providing agency’s letterhead.

HIGH RISK – DEPENDENT

• Must document on an original Secretary of State Treatment Verification form successful completion of any substance abuse treatment recommended by a licensed evaluator or treatment provider, including:
  • Copy of Individualized Treatment Plan.
  • Copy of Discharge Summary.
  • Copy of Continuing Care Plan.
  • Original Continuing Care Status Report.
• If no treatment provided, must submit a treatment waiver prepared on the providing agency’s letterhead.
• Must document complete abstinence from the use of all alcoholic beverages and controlled substances (drugs) by submitting at least three original letters, signed and dated within 45 days prior to your hearing, from individuals (friends, family, etc.) who can verify your abstinence from alcohol/drugs for at least 12 months if seeking reinstatement, but no less than six months for a Restricted Driving Permit. (Witness testimony is acceptable instead of letters.)
• Must document the establishment of a support/recovery program (Alcoholics Anonymous, church, etc.) by submitting: (Witness testimony is acceptable instead of letters.)
  • At least three original letters, signed and dated within 45 days prior to your hearing, from fellow members/participants, verifying your active involvement in your support program.
  • If you have a support recovery program sponsor, must submit an original letter from your sponsor documenting your active
    involvement in your support program, signed and dated within 45 days prior to your hearing.

HIGH RISK – NON-DEPENDENT

• Must document on an original Secretary of State Treatment Verification form, successful completion of any substance abuse treatment recommended by a licensed evaluator or treatment provider, including:
  • Copy of Individualized Treatment Plan.
  • Copy of Discharge Summary.
  • Copy of Continuing Care Plan.
  • Original Continuing Care Status Report.
• If no treatment provided, must submit a treatment waiver prepared on the providing agency’s letterhead.
• Must submit at least three original letters, signed and dated within 45 days prior to the hearing, from individuals (friends, family, etc.) who can verify either your alcohol/drug use pattern or abstinence for at least the last 12 months if seeking reinstatement, but no less than six months for a Restricted Driving Permit. (Witness testimony is acceptable instead of letters.)
• Must submit an additional report from the treatment provider explaining why dependency was ruled out and the cause of
  your behavior that resulted in three or more DUI dispositions. This requirement cannot be waived.