An Illinois resident is arrested for DUI while
visiting San Diego California.
This discusses the effects of the San Diego California
DUI prosecution and whether one's Illinois driver’s
license will be affected.
A California DUI conviction will result in the automatic
revocation of an Illinois driver’s license.
A California refusal to submit to chemical testing, (breath,
blood and/or urine) after a California arrest for DUI
will additionally result in the suspension of an Illinois
driver’s license.
LICENSE ACTIONS
A) Effective Date and Duration
The Illinois Secretary of State will automatically revoke
the driver’s license of a resident upon receipt
of a report of a conviction for California DUI or a similar
offense where the cause of action is the same or substantially
similar to the offense of DUI as defined in the Illinois
Motor Vehicle Code.
Different states have statutory schemes that provide
for different impairment levels of DUI. A reduction or
amendment of the pending charges to a lower impairment
level will still result in a revocation in Illinois as
Illinois does not have any graduated scheme.
To avoid a license revocation, any amendment or reduction
must be to an offense that will be recognized separately
(e.g. Reckless Driving) under the Illinois Motor Vehicle
Code.
Assuming that the case will result in a conviction, it
usually takes several weeks for the report of the conviction
to reach the Illinois Secretary of State. However, upon
receipt, the Secretary of State immediately serves a Notice
of Revocation upon the affected driver by mailing same
to the address listed with the Secretary of State’s
office. The revocation’s effective date is normally
within a few days of mailing. On this note, you should
ask the client whether they still live at the address
listed on their Illinois driver’s license. If not,
they should be advised to change their address directly
with the Secretary of State’s Drivers Services Department
forthwith as official notices from the Secretary are not
forwarded and the failure of the driver to actually receive
the notice does not affect the validity or effective date
of the revocation.
In Illinois, license revocations are for a minimum of
1 year if the driver has never been previously convicted
of DUI. Two DUI convictions within a 20 year period will
result in a minimum revocation of 5 years, and three convictions
within twenty years results in a minimum revocation of
10 years. A fourth conviction for DUI renders the driver
permanently ineligible from applying for an unrestricted
license in Illinois. It is the policy of the Secretary
of State’s office not to fully reinstate an otherwise
eligible driver until they have first been issued a Restricted
Driving Permit (RDP) and drove on it without incident
for at least 9 months.
B) Restricted Driving Permit (RDP)-Eligibility
and Conditions
Once a revocation is effective, the next issue is when,
and under what conditions, one becomes eligible to apply
for an RDP. In Illinois, an RDP may be issued for: a)
driving to and from work as well as within the scope of
the petitioner’s employment related duties; b) to
allow transportation of the petitioner or a family member
for necessary medical care; c) to and from certain alcohol
rehabilitative activities; (i.e. AA meetings), and d)
for the petitioner to travel to and from classes at an
accredited educational institution. The Secretary of State
also will not issue permits for more than 12 hours a day
or 6 days a week. Petitioners who have traffic tickets
pending in any court (other than a DUI with a pending
suspension) or who are also suspended or revoked for other
reasons are ineligible to apply for an RDP until the other
matters are resolved.
Before one is eligible to apply for an RDP, a petitioner
must obtain an alcohol evaluation from an agency licensed
by the Illinois Office of Alcohol and Substance Abuse
(OASA), and complete the treatment recommended therein
at a treatment service provider licensed by OASA. Depending
on the treatment level at which a petitioner is classified
by the evaluation, other requirements may also apply.
The various treatment levels and other requirements are
set forth as follows:
Level 1/Minimal Risk - Completion of an Alcohol/Drug
Risk Education course (usually 10 hours). Note-Level 1
can only be recommended for petitioners who, at a minimum:
a) have no prior DUI dispositions or suspensions; b) submitted
to chemical testing with a resulting blood alcohol level
of less than .15; and c) were not diagnosed with any other
recognized symptoms of substance abuse or dependence.
Level 2M/Moderate Risk - Completion of an Alcohol/Drug
Risk Education course (usually 10 hours) and an Early
Intervention Counseling Program (Minimum of 12 hours).
Note-Level 2M can only be recommended for petitioners
who, at a minimum: a) have no prior DUI dispositions or
suspensions; b) submitted to chemical testing with a resulting
blood alcohol level of .15 to .19; and c) were not diagnosed
with any other recognized symptoms of substance abuse
or dependence.
Level 2S/Significant Risk - Completion of an Alcohol/Drug
Risk Education course (usually 10 hours), Substance Abuse
Treatment, (Minimum of 20 hours) and enrollment in and
at least partial completion of Aftercare a/k/a Continuing
Care (usually 2-3 hours a month for 6 consecutive months).
Note-Level 2S will, at a minimum, be recommended for petitioners
who: a) have at least 1 prior DUI disposition or suspension;
and/or b) submitted to chemical testing with a resulting
blood alcohol level of at least .20; and/or c) were diagnosed
with other recognized symptoms of substance abuse.
Level 3 High Risk/Dependent - Completion of a minimum
of 75 hours of substance abuse treatment and enrollment
in and at least partial completion of Aftercare a/k/a
Continuing Care (usually 2-3 hours a month for 6 consecutive
months). In addition, at the hearing the Petitioner will
have to submit proof of establishment of an ongoing support/recovery
program (i.e. regular attendance at AA meetings for at
least 6 months and having obtained an AA sponsor). Petitioner
will also have to document at least 12 consecutive months
of abstinence from alcohol and drugs.
Level 3 High Risk/Non-Dependent - Completion of a minimum
of 75 hours of substance abuse treatment and enrollment
in and at least partial completion of Aftercare a/k/a
Continuing Care (usually 2-3 hours a month for 6 consecutive
months). In addition, at the hearing the Petitioner will
have to submit proof of at least 12 consecutive months
of non-problematic use of alcohol (or abstinence if it
had been recommended by an evaluator or treatment service
provider) as well as abstinence from drugs.
Once the foregoing conditions applicable to the petitioner
have been met, they will need to obtain an updated alcohol
evaluation from either the original evaluator or the treatment
service provider. If the petitioner has never previously
been revoked for a DUI conviction, they are eligible for
the appropriate type of administrative reinstatement hearing
at this point. However, if the petitioner had previously
been revoked for another DUI conviction, they are ineligible
for a hearing until the revocation has been in effect
for at least one year.
C) Informal vs. Formal Reinstatement Hearings
The next step is to determine the type of reinstatement
hearing applicable. An informal hearing is available for
petitioners who are seeking an RDP and/or full reinstatement
and have neither previously been convicted of DUI nor
had a statutory summary suspension from a previous DUI.
All other petitioners must apply for relief through a
formal hearing.
Informal hearings are conducted at many Secretary of
State Drivers Service facilities throughout the State.
There is no requirement that an informal hearing be requested
in writing. A petitioner may retain an attorney to represent
them at the hearing. Informal hearings are normally conducted
on a "first come-first served" basis.
Petitioners must submit, at a minimum: the original alcohol
evaluation and, if necessary an updated evaluation; appropriate
documentation verifying completion of the recommended
level of counseling; a letter verifying employment schedules
and any scope of employment driving that may be required
and/or a current school schedule, and, if applicable,
appropriate letters documenting abstinence and/or ongoing
support group (i.e. AA) involvement. At the hearing, it
is the petitioner’s burden to establish by clear
and convincing evidence that; 1) the alcohol and/or drug
problem has been resolved; 2) that the petitioner will
be a safe and responsible driver and the issuance on an
RDP will not endanger the general public; and 3), that
an undue hardship is currently being suffered as a result
of the inability to legally operate a motor vehicle.
The decision from the informal hearing is usually mailed
to the petitioner within 3 to 4 weeks after the hearing.
If the petitioner was approved for an RDP, the letter
will be accompanied by a set of instructions on additional
steps that may be necessary, such as filing insurance
proof, taking a driving test, etc. Once the petitioner
receives the permit, they must drive on it for at least
9 months without incident before they will be considered
eligible for full reinstatement. This requires another
informal hearing for which the petitioner will have to
obtain an updated evaluation. If the petitioner was denied
at the informal hearing, the letter will explain the reason(s)
for the denial, i.e., inconsistencies between the petitioner’s
testimony and the documents submitted, improper documentation,
etc. Once the problem has been corrected, the petitioner
may have another informal hearing, provided it has been
at least 30 days since the last hearing. The testimony
at an informal hearing is not recorded or transcribed
in any way. The only "record" is a form filled
out by the hearing officer and submitted to a review board
along with the documentation submitted by the petitioner.
Finally, there are no appeal procedures following an informal
hearing.
Petitioners who are ineligible for informal hearings
must proceed with a formal hearing. Formal hearings differ
from informal hearings in a variety of ways. Initially,
formal hearings are only available in Chicago, Joliet,
Springfield or Mount Vernon. A request for a formal hearing
is made in writing by the petitioner or their attorney.
The Secretary of State’s office then mails a Notice
of Hearing to the petitioner (and their attorney if applicable).
The Notice sets forth the date, time and place of the
hearing and is accompanied by a list of the documentation
required to be submitted at the hearing. Once the hearing
date has been assigned, it can only be continued for good
cause shown.
A formal hearing is conducted by an appointed hearing
officer who administers an oath to the petitioner (and
any witnesses), takes testimony, issues subpoenas upon
request, and rules on objections made during the hearing.
The Secretary of State is represented by an appointee
who acts as a prosecutor during the hearing. The petitioner’s
burden of proof (resolution of alcohol/drug problem, safe
driver and undue hardship) is the same as described above
for informal hearings. Official notice may be taken of
the decisions of any prior hearings as well as any documents
(i.e., evaluations, treatment documents, Notices of Summary
Suspensions) previously submitted. The hearing is recorded
either by an electronic recording system or a court reporter.
If requested, a transcript (or copy of the cassette tape
of the hearing) can later be ordered by the petitioner
at their own expense. After the conclusion of the hearing,
the hearing officer reviews the entire record, makes findings
of fact and conclusions of law, and prepares a recommendation.
This is then sent to a review board which either adopts
or rejects the recommendation and a written Order is prepared
and mailed to the petitioner and their attorney, usually
within 6 to 8 weeks. If the petitioner was approved for
an RDP, the Order will be accompanied by a set of instructions
on additional steps that may be necessary, such as filing
insurance proof, taking a driving test, etc. Once the
petitioner receives the permit, they must drive on it
for at least 9 months without incident before they will
be considered eligible for full reinstatement. This requires
another formal hearing for which the petitioner will have
to obtain an updated evaluation and any applicable letters
regarding abstinence, employment and support group attendance.
If the petitioner was denied relief at the formal hearing,
the Order will set forth in detail the reason(s) for the
denial, i.e., inconsistencies between the petitioner’s
testimony and the documents submitted, improper documentation,
etc. If a petitioner is denied relief, they must wait
4 months before they are eligible for a subsequent hearing.
The Order constitutes a final administrative decision
which is subject to review under the Illinois Administrative
review Law.
D) Breath Alcohol Ignition Interlock Devices
(BAIID)
In addition to the foregoing requirements, many petitioners
will also be required to have a Breath Alcohol Ignition
Interlock Device (BAIID) installed on their car as a further
condition of the issuance of an RDP. Simply stated, a
BAIID is a breathalyzer wired into the ignition system
of an automobile. Before a BAIID-equipped car can be started,
the driver must provide a breath sample into the device.
If the sample registers above the alcohol setpoint (currently
0.025 breath alcohol concentration), the car is rendered
incapable of starting, or "locked out". Petitioners
who meet any of the following criteria are designated
"BAIID Eligible Petitioners," must have formal
hearings and must have a BAIID device installed within
14 days of the issuance of any RDP.
1) Any petitioner who had a DUI arrest on or after January
1st, 1982 which resulted in the loss of driving privileges
who then received driving relief after a formal or informal
hearing and thereafter received another DUI resulting
in another loss of driving privileges;
2) Any Petitioner who received a Judicial Driving Permit
(JDP) and within 3 years after the date the JDP was issued,
received another DUI and had to seek driving relief at
an administrative hearing;
3) Any petitioner classified as Level 3 Dependent with
at least 6 but less than 12 months of abstinence from
alcohol and/or drugs at the time of the hearing;
4) Any petitioner with 3 DUI dispositions if:
a) The last DUI arrest occurred within 3 years years of
the date of the hearing; or
b) Any of the DUI dispositions involved a breath or blood
concentration of 0.20 or more.
5) Any petitioner with 4 or more DUI dispositions.
When the RDP is mailed to a BAIID Eligible Petitioner,
it is accompanied by a list of approved installers where
the device can be obtained. The petitioner has 14 days
to have the device installed and can only operate the
vehicle for the purpose of obtaining the BAIID device
until it has been installed. Any violation of this requirement
will result in the immediate cancellation of the RDP.
STATUTORY SUMMARY (IMPLIED CONSENT) SUSPENSIONS
An Illinois licensed driver arrested in another state
for DUI who subsequently refused to submit to chemical
testing will have their license suspended by the Illinois
Secretary of State upon receipt of a report from the State
where the incident occurred.
The Illinois Vehicle Code does not specify the length
of the suspension as it is classified as "discretionary".
However, the Secretary of State’s office typically
will issue a 6 month suspension, the same duration applicable
to a statutory summary suspension for a first time offender
who refuses chemical testing in this State after being
arrested for a DUI. The affected driver presumably has
a right to a judicial or administrative hearing in the
circuit court of venue for the arresting agency to contest
the arrest and/or the "refusal." In addition,
the driver can both contest the suspension at a formal
hearing, and/or request the issuance of an RDP.
If the driver is only seeking an RDP, that can be done
at a formal hearing. If the driver is subsequently convicted
of the DUI charge, then the length of the implied consent
suspension served will automatically be credited against
the minimum period of revocation imposed once the Notice
of Revocation is issued by the Secretary of State.
Make sure you consult a San Diego California DUI attorney
for help in fighting the DUI. Click here for more Illinois
& out-of-state information.
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San Diego County DUI Law Center
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