How to Get Your License Back After a DUI in Illinois

The Illinois Vehicle Code defines driving under the influence (DUI) as operating or being in actual physical control of a vehicle while impaired by alcohol, drugs, or intoxicating compounds or with a blood alcohol concentration (BAC) of 0.08% or more. This constitutes a serious infraction under Illinois law, carrying potential criminal penalties and loss of driving privileges.

Being arrested for an Illinois DUI violation may result in a statutory summary suspension, which lasts 6 months for first-time offenders who fail testing and 12 months for those who refuse to take one.

Step 1: Know the Terms of Your Suspension

Under Illinois DUI laws, the Secretary of State's Driver Services Division may issue statutory summary suspensions to drivers who fail DUI chemical tests or refuse to take one. First-time DUI offenders face a six-month license suspension; however, they are eligible for a Monitoring Device Driving Permit (MDDP). Those who refuse a chemical test may have their license suspended for one year, but are also eligible for an MDDP. The following table details the length of suspensions and waiting time for reinstatement of driving privileges for different categories of DUI offenders:

Step 2: Fulfill Court and DMV Requirements

In Illinois DUI cases, questions about the distinction between the Driver Services Division (DMV) and a court-ordered suspension may arise. The following section outlines some of these differences in the two types of suspensions:

Issuance: The Driver Services Division (DMV equivalent) of the Illinois Secretary of State's Office issues administrative suspensions. In comparison, a judge oversees criminal proceedings that result in court suspensions.

Trigger: Administrative suspensions are triggered by failures or refusals of chemical testing, whereas court suspensions emanate from criminal DUI convictions.

Penalties: A Driver Service Division-imposed penalty focuses on an offender's license (driving privileges), while individuals convicted of DUI in a criminal case may face penalties such as jail or imprisonment, court-ordered alcohol/drug evaluation, and more.

Duration: The timeframe for administrative suspensions is fixed based on the failure or refusal to take tests and prior offenses. Criminal suspensions may vary according to offense and the judge's ruling.

Step 3: Complete a DUI Education or Treatment Program

Drivers convicted of intoxicated driving in Illinois typically must undergo and complete the Secretary of State and court-mandated alcohol and substance programs before license reinstatement. The choice of DUI program drivers sign up for is determined by their designation on Illinois's risk-based evaluation system. The state classifies offenders into four levels: minimal, moderate, significant, and high risk.

DUI Risk Education Course

The Secretary of State's Driver Services and the courts require this program for drivers convicted of DUI offenses. Typically, programs in this category last at least 10 hours and may be delivered online or in person. There is no fixed cost for DUI risk education courses, but providers typically charge between $150 and $200. Prospective applicants normally must enroll in these courses through DHS-licensed providers, selected by the court or the defendant, as approved by the Secretary of State.

Early Intervention Counseling

The courts or the Secretary of State mandates such programs for DUI offenders based on moderate risk classification. This program, aimed at preventing the onset of more serious alcohol or drug use problems, has a minimum duration of 12 hours spread over about four weeks. The program fees vary based on the provider.

Substance Abuse Treatment

This program is tailored for individuals classified as significant or high risk. The program comprises at least 20 hours of treatment and aftercare. Those assessed as high risk typically must undergo up to 75 hours of treatment plus ongoing care. Participants normally must complete the programs through providers licensed by the Illinois Department of Human Services (IDHS).

Submitting a certificate of completion is crucial for DUI education and treatment programs, as failure to do so may impede license reinstatement and result in additional penalties.

Step 4: Get SR-22 Insurance or Equivalent

Essentially, an SR is a paper that verifies the holder has vehicle insurance. The Illinois Secretary of State's office utilizes the SR-22, also known as financial responsibility insurance, to monitor high-risk drivers and ensure they maintain proper auto insurance coverage.

Individuals who may be required to obtain SR-22 insurance include those with a record of operating a vehicle without insurance, driving without a license, convicted of DUI, repeated violations within a short period, and non-payment of court-ordered child support.

The Secretary of State's Driving Services Division may also require suspended drivers applying for a hardship license to submit an SR-22 as a condition for restoring temporary driving privileges. Illinois state law requires drivers with DUI-related convictions to maintain SR-22 coverage for three years. Premature cancellation of an SR-22 will result in automatic license suspension, and additional penalties may apply.

Step 5: Pay Reinstatement Fees

First-time offenders seeking to restore their driving privileges typically must pay a $250.00 reinstatement fee to the Secretary of State's office. The reinstatement fee for second-time or subsequent offenders is $500. The most convenient way to pay reinstatement fees is through the Secretary of State's website (Online Services) using a credit card. Alternatively, applicants may mail their payment (check, cashier's check, or money order) to the Secretary of State's DUI Section at 2701 S. Dirksen Pkwy., Springfield, IL 62723.

Step 6: Submit Your License Reinstatement Application

Applicants wishing to submit their Illinois license reinstatement applications may do so using the following options:

Online: Applicants may visit the Illinois Secretary of State's Driver Services website to pay their reinstatement fees and upload relevant documents (e.g., SR-22, treatment certificates). The portal accepts all major credit cards (Visa, MasterCard, Discover, and AmEx).

In-Person or Phone: Applicants for informal hearings may speak with a hearing officer at most Driver Services locations about eligibility and required documentation. For formal hearings, applicants must typically submit a request and a $50 filing fee (check or money order only; no cash) to one of the Driver Services Administrative Hearings offices in Chicago, Joliet, Springfield, or Mt. Vernon. Alternatively, they may call (217) 782-3619 (credit card only) to pay reinstatement fees.

By Mail: Applicants may submit their application packets, including payment (check, cashier's check, or money order) and necessary documents, to:

Secretary of State, Driver Services Department
2701 S. Dirksen Parkway
Springfield, IL 62723

What If You're Denied License Reinstatement in Illinois?

Although every case is unique, certain factors are more prevalent than others in denying a driver's license reinstatement. Some of these reasons include unresolved DUI-related affairs, incomplete documentation, non-attendance of hearings, submission of an application too soon after a previous reinstatement denial, and fresh violations and offenses.

If an applicant is rejected following an informal hearing, they have the option to wait 30 days for another informal hearing or apply for a formal hearing. Those denied after a formal hearing typically must wait 90 days from the hearing date for another hearing.

Hardship Licenses: Driving with Limited Privileges

In Illinois, a hardship license allows drivers with a suspended or revoked license to operate a vehicle for specific purposes. These applications may encompass work and healthcare travel, transportation to school, training, substance abuse treatment programs, and court-ordered community service or probation appointments.

Illinois issues two types of hardship licenses: the Monitoring Device Driving Permit (MDDP) for first-time DUI offenders (with minor prior offenses) and the Restricted Driving Permit (RDP) for second or subsequent DUIs. The MDDP grants holders full driving access if they install a Breath Alcohol Ignition Interlock Device within 14 days of receiving their MDDP.

In contrast, individuals granted an RDP may only use it for specific driving purposes related to work, school, medical appointments, or treatment, and during specified days and hours, in addition to a limited mileage.

How Long Does It Take to Get Your License Back After a DUI?

The timeline for reinstating an individual's driving privileges in Illinois after an intoxication offense depends on their offense history and compliance with requirements, including the non-occurrence of new violations during the revocation or suspension period. The following table outlines the timeline for drivers who promptly fulfill all requirements: