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Out of state resident Illinois license reinstatement FAQ - man holding drivers license

I now live outside of Illinois. Can I apply to Reinstate my Driver License Privileges? 

Yes, even if you now live outside the State of Illinois, in most cases you can apply to have your driving privileges reinstated, allowing you to apply for a license in your new Home State of residence. Our firm has helped out of State residents restore their driving privileges for over 15 years. Contact our office for a free consultation to discuss your specific background and driving history. 

Do I need to travel to Illinois?

No, our firm is now permitted to do online hearings via WebEx. It is possible to complete the entire reinstatement process without you traveling to Illinois.

How do I restore my driving privileges as an out of state resident 

There are only two ways to restore your driving privileges: (1) an in person hearing - now done online via WebEx or (2) by completing a mail in out-of-state packet. With the option of online hearings to restore your driving privileges, we would not recommend the out-of-state packet. Contact our office to discuss your case.

What is a Non-Resident Out-of-State Packet?

A non-resident/out-of-state packet includes all of the documents to be submitted to the Illinois Secretary of State by an individual residing outside of Illinois and seeking the reinstatement of driving privileges in Illinois (in lieu of an in-person hearing). 

It is important to remember that the standards imposed by the Secretary of State in determining whether or not relief should be granted are the same as those required of persons appearing before a hearing officer in-person. 

As a result, anyone choosing to submit an out-of-state packet instead of personally appearing before a hearing officer is strongly encouraged to obtain the representation of an attorney. With the ability to now do online hearings our office would not recommend the out-of-state packet.

If I complete the out-of-state packet, what does it entail? 

An out-of-state packet will allow you to avoid coming to Illinois, but that doesn't make it any easier than an in person hearing. You will be held to the same standards and evidence rules as you would in an in person formal hearing. The same documents and proof of treatment will always be required. We recommend you contact our office to discuss your case as it is strongly recommended that you hire an attorney to help you with the process and you explore the online hearing process instead. With the ability to now do online hearings our office would not recommend the out-of-state packet.

Is an out-of-state packet or in person (online) hearing required? 

Yes. If Illinois has a hold on your license, the only way to clear that hold will be through an in person hearing or completing the out-of-state packet. This is the case even if you never intend to drive in the State of Illinois again. Due to the fact that all states communicate with each other now, Illinois has placed a hold in driver license database system that will prevent you from obtaining a license in your home state. Thus the requirement for the out-of-state packet or in person hearing.

I don't want an Illinois License. Do I still need to go through this process?

Yes. Even if you no longer live in the State of Illinois and have no future plans to drive here, because Illinois has placed a hold on you in the national database system, you will need to go through this reinstatement process. Our office will help remove the hold so that you can get a new license in your home state.

I've been denied multiple times or I can't get an answer back from Illinois on the out-of-state packet. Can I reapply? 

Yes. Unfortunately a lot of our clients come to our office after they have been denied multiple times and/or Illinois won't give an answer on the out-of-state packet they submitted (The state always is looking for "more" documentation). The State of Illinois will typically give you the run around. Hiring an attorney to cut through all the bureaucracy really makes the difference.

My DUI is Really Old

Unfortunately the age of your DUI makes no difference with the State of Illinois. In a lot of cases, our clients have been driving in their home state for years and only recently did the old DUI "pop up" on their out of state record. Many old out-of-state DUI’s that were never reported to Illinois are now showing up years later because of the Problem Driver Pointer System (PDPS). This relatively new system is a national database that relays information between states on problem drivers. This can cause the cancellation of your license in your home state or prevent you from renewing your license. Our office will need to remove the hold in Illinois to get you driving again. 

How do I obtain treatment documents 

You will need to show the State of Illinois that you did in fact complete your treatment. You should never have to "re-do" treatment. And there are some instances where evaluators can waive treatment but that is on a case by case analysis. Our firm can work with an out-of-state evaluator or we can put you in touch with one of our evaluators in Illinois to assist with this process. Once we review your case we can advise the best course of action. 

My Treatment is Old. Do I Need to Re-Do?

As a general rule, No. Our office will review your background and any previous treatment already completed. We will recommend how to proceed. 

Can I get a Hardship License if I don't Live in Illinois?

As a general rule, No. Some of our clients are not yet eligible for reinstatement through Illinois but would like to get a hardship license to drive in their home state. Unfortunately Illinois can not grant you a hardship license in your home state. In these situations, your home state would be the licensing authority to give you the hardship license. If your home state won't do this, you will have to wait until you become eligible for reinsatement through Illinois to begin driving again.

My Home State will Give me a License. Why will Illinois Not Release the Hold?

Once Illinois has revoked your driving privileges, whether because the offense occurred in Illinois or occurred in another state that was reported to Illinois, you will be required to go through this reinstatement process. Unfortunately, it doesn't matter whether you ever intend to return to Illinois or not. 

Can I Move Back to Illinois after Reinstatement?

If you return to Illinois within three (3) years of being granted full reinstatement and apply for a license, you will be required to go through the in-person hearing process with the Illinois Secretary of State.

If you have four (4) or more DUI Convictions, you are subject to the lifetime ban. You will not be eligible to hold an Illinois license and you will need to go through the hearing process again. As a lifetime offender, you would only be eligible to drive on a permit for life, with compliance with the BAIID device restrictions. 

Should I Hire an Attorney 

The process to restore your driving privileges can be difficult. This is demonstrated by the fact that a lot of our clients come to our office after they have been issued a denial or multiple denials. Unfortunately it seems that this process has been set up to prevent you from getting your driving privileges. It shouldn't be that way. When you hire this firm, we cut down all the bureaucracy to simple tasks that need to be completed to get you driving again. We've been doing this for over 15 years. 

It is important to understand that these are adversarial proceedings. In a formal hearing, the State has both a hearing officer and a prosecutor present whose job is to determine whether you should be denied. Unlike a criminal case where the State must prove your guilt, in a reinstatement hearing the burden of proof is on you — you must demonstrate that you are not a risk to public safety. This is not a simple process, and attempting it without experienced legal representation puts you at a significant disadvantage.

Am I eligible for a hardship license through Illinois 

No, as a general rule. You must be an Illinois resident to apply for a hardship license or have an out-of-state license with a need to drive in Illinois. If you live out of state, you option is to reinstate which clears you to obtain a license in your home state.

My home state will give me a license, but they say Illinois is preventing that. Why? 

There is no negotiating with Illinois on this matter. Illinois law clearly states that if you are DUI revoked in this State, even if your DUI was out-of-state and was only reported back to Illinois, you must go through the reinstatement process. 

Can I move back to Illinois and get an Illinois license after completing the mail in packet or the in person hearing?

If you move back to the State of Illinois within 3 years of being granted reinstatement after completing the out-of-state-packet, Illinois will require you to attend an in person hearing to obtain an Illinois license. If you are a multiple DUI offender with 4 DUI convictions, you will be required to go through the hearing process and will only be able to obtain a restricted driving permit with a BAIID device installed in your car.

How long does the out-of-state reinstatement process take?

The timeline depends on which method you choose. If you go through an online hearing with our office, the process from start to finish typically takes a few months. This includes time to gather your documentation, complete your evaluation, prepare for the hearing, and then wait for the Secretary of State to issue a decision. Hearing results are typically mailed within 2 to 3 months after the hearing.

If you choose the out-of-state mail-in packet instead, the process is often longer and less predictable. The Secretary of State may take several months to review your packet, and they frequently request additional documentation, which starts the waiting period over. Many of our clients come to us after spending 6 months or more waiting on a packet with no response. This is one of the reasons we recommend the online hearing over the mail-in packet.

Once you are granted reinstatement, you will need to pay a $500 reinstatement fee and provide proof of financial responsibility (SR-22 insurance or an out-of-state insurance waiver) before the hold is officially removed. After that, your home state will be able to verify that Illinois has cleared you, and you can apply for a license there.

What does reinstatement cost?

There are several costs associated with the reinstatement process. The main expenses include:

A formal hearing filing fee of $50, which is required for most out-of-state hearings. An alcohol and drug evaluation, which typically costs between $150 and $500 depending on the evaluator and your risk classification. If treatment is required, those costs vary based on the type and length of treatment. A $500 reinstatement fee paid to the Illinois Secretary of State after your hearing is approved. Proof of financial responsibility, either an SR-22 insurance filing or an out-of-state insurance waiver.

Attorney fees are separate and depend on the complexity of your case. Our office offers reasonable fees and we will discuss all costs with you during your free consultation so there are no surprises. We believe that hiring an experienced attorney on your first attempt saves money in the long run. Many of our clients come to us after being denied on their own or with inexperienced representation, which means they end up paying twice.

Can I use an evaluator from the state where I currently live?

In most cases, yes. The Illinois Secretary of State will generally accept an evaluation from a licensed evaluator in your home state. However, there is an important catch — your evaluator must be familiar with Illinois Secretary of State requirements, which are specific and different from what most states require. Many out-of-state evaluators are not aware of these requirements, and evaluations that do not meet Illinois standards will be rejected.

Our office works directly with evaluators to make sure they understand what Illinois requires and that all documentation is completed correctly. In some cases, we recommend using an online evaluator based in Illinois who is already familiar with the hearing process and the specific documentation the Secretary of State expects. Once we review your case, we will advise you on the best approach for your evaluation.

Do I need SR-22 insurance as an out-of-state resident?

After a successful hearing, the Illinois Secretary of State requires proof of financial responsibility before they will process your reinstatement. For Illinois residents, this means filing an SR-22 insurance certificate. For out-of-state residents, you may be eligible for an out-of-state insurance waiver instead of an SR-22.

Whether you need an SR-22 or qualify for the waiver depends on your specific situation. Our office will advise you on which applies to your case. This is one of the final steps after your hearing is approved — you do not need to worry about it until we get to that point in the process.

I never had an Illinois license, but I got a DUI while visiting Illinois. Do I still need to go through this process?

Yes. Receiving a DUI conviction in Illinois is all it takes for the State to place a hold on your driving record in the national database, even if you have never held an Illinois license. This hold will prevent your home state from issuing or renewing your license.

The fact that you were only visiting Illinois and have never been a resident does not matter. Because all states now communicate through the national database system, your home state will see the Illinois hold and will not issue you a license until it is cleared. You must go through the Illinois reinstatement process — either through an online hearing or an out-of-state packet — to remove the hold. Our office handles these cases regularly and can guide you through the entire process without you ever traveling to Illinois.

What documents do I need for the reinstatement hearing?

The specific documents required depend on your case, but generally the Illinois Secretary of State requires the following for an out-of-state hearing:

An alcohol and drug evaluation (also called the Uniform Report). If your evaluation is more than 6 months old, you will also need an updated evaluation. Proof of completing a DUI Risk Education course. Proof of completing any recommended treatment. Character reference letters — at least 3 original letters from people who can verify your current sobriety and lifestyle. These letters must be signed and dated within 45 days before your hearing. Your driving record abstract from your current home state. Any prior hearing transcripts or denial orders if you have been denied before.

Depending on your risk classification, additional documentation may be required, such as proof of continuing care or support group involvement. Our office will provide you with a detailed checklist specific to your situation and will review all of your documentation before submission to make sure everything meets Illinois requirements. We do not let our clients go into a hearing with incomplete or incorrect paperwork.

What is the difference between a suspension and a revocation for out-of-state residents?

This is an important distinction. A suspension has a set end date. Once the suspension period expires and you pay any required reinstatement fees, your driving privileges can be restored without a hearing. A revocation, on the other hand, does not automatically end. Even after the minimum revocation period has passed, you remain revoked indefinitely until you go through the hearing process with the Illinois Secretary of State and are granted driving relief.

For out-of-state residents, most DUI-related actions result in a revocation, which means you will need to attend a formal hearing or submit an out-of-state packet. You cannot simply wait for the revocation to expire because it does not expire on its own. Many of our out-of-state clients are surprised to learn that a DUI from 10, 15, or even 20 years ago is still showing as an active revocation on their record. Until you go through the reinstatement process, the hold remains in place and your home state will not issue you a license.

What are the sobriety requirements for reinstatement?

The Illinois Secretary of State requires you to demonstrate a period of abstinence or responsible behavior before they will grant reinstatement. The specific requirements depend on what you are applying for.

If you are seeking full reinstatement, you will generally need to show at least 12 months of abstinence or non-problematic use of alcohol and drugs. If you are applying for a Restricted Driving Permit (RDP), the requirement is at least 6 months. This must be supported by your evaluation, your character reference letters, and your testimony at the hearing.

Your character reference letters play a key role here. The Secretary of State expects letters from people who can speak to your current lifestyle and verify your sobriety over the required period. These letters must be dated within 45 days of your hearing. Our office will guide you on who to ask for letters and what they should include to meet the Secretary of State's expectations.

Illinois DUI Lifetime Revocations

For out-of-state residents with a lifetime revocation (4 or more DUI convictions), you can apply to clear your driving privileges after 10 years from the date of your last order of revocation entered on your driving record. However, if you have a lifetime revocation, you are required to attend an in-person hearing — the mail-in out-of-state packet is not an option. The hearing can be conducted through an online video link, which our office is authorized to facilitate.

If granted driving relief, you will not receive full reinstatement. Instead, you will be eligible for a Restricted Driving Permit (RDP) only, and you will be required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in your vehicle for the duration of the permit. You must also have at least one DUI conviction that resulted from an arrest made after January 1, 1999 to be eligible. Contact our office to review whether you qualify.

Call now for a free consultation – Illinois license reinstatement lawyer 815-740-4025

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Law Offices of Jack L. Zaremba, P.C.
26 E. Clinton Street
Joliet, IL 60432

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