Chicago Criminal Lawyer Blog
The Road to Reinstatement Isn’t Automatic—Especially After a Second DUI
If you’ve been convicted of a second DUI in Illinois, your driving privileges are no longer merely suspended—they are revoked. This distinction matters. A suspension has an end date. A revocation doesn’t. In Chicago and throughout Cook County, as well as in DuPage, Will, and Lake Counties, a second DUI means facing a minimum five-year revocation if your first offense occurred within the past 20 years.
Reinstating your license after a second DUI conviction is a complicated and time-consuming process that requires formal hearings with the Illinois Secretary of State. It’s not enough to wait out the revocation period. You must prove rehabilitation, demonstrate you’re no longer a risk to public safety, and comply with stringent documentation and treatment requirements.
Understanding the Reinstatement Process After a Second DUI Conviction
After a second DUI, your license is revoked under 625 ILCS 5/6-208. Once the statutory revocation period ends, you must initiate a reinstatement process. That process begins with an alcohol and drug evaluation conducted by a licensed DUI treatment provider. The evaluator will assess your substance use risk level and make treatment recommendations based on your history, your arrest records, and interviews.
Depending on the evaluation, you’ll be required to complete a specific amount of education, risk education classes, or intensive outpatient treatment. You’ll need proof of completion for every recommended course, and in some cases, documentation of sustained abstinence from drugs and alcohol.
Once treatment is complete, you may request either an informal or formal hearing with the Secretary of State. For second DUIs, formal hearings are typically required. These hearings are held at designated facilities such as those in Chicago, Joliet, or Springfield. They are administrative in nature, but they are taken seriously—there’s a prosecutor on the other side, and everything you say is recorded.
You must bring all relevant documents to the hearing, including proof of treatment, letters of abstinence from friends or family, and evidence of compliance with court orders. You will testify under oath and be asked detailed questions about your substance use history, what you’ve done since your last DUI, and why the State should trust you to drive again.
Restricted Driving Permits and the Breath Alcohol Ignition Interlock Device (BAIID)
If the Secretary of State is satisfied that you’ve addressed your alcohol issues and you pose no risk to road safety, you may be granted a Restricted Driving Permit (RDP). This permit allows you to drive for limited purposes—usually work, school, medical appointments, or care for a dependent family member.
But the permit comes with strings attached. You will be required to install a Breath Alcohol Ignition Interlock Device (BAIID) in any vehicle you operate. This device prevents the vehicle from starting unless you provide a clean breath sample. It also requires random retests while driving.
Illinois also requires installation of a camera-enabled BAIID, which captures images during breath tests. Any attempt to circumvent the device or register a failed test will be reported directly to the Secretary of State and can result in your permit being revoked.
Most drivers must use the RDP and BAIID for at least 12 continuous months before they are eligible for full reinstatement. Even then, you must return for another formal hearing where you must again demonstrate sobriety, compliance, and readiness for full licensure.
Why Legal Help Matters During This Process
People often assume that once their revocation period ends, their license will come back automatically. That is not the case. The burden is entirely on you to prove you deserve to drive again. The Secretary of State’s hearing officers apply a strict legal standard, and if you make even one misstep in your paperwork or testimony, your application will be denied.
We help clients prepare every aspect of their case—from gathering documentation to preparing for cross-examination. We know what hearing officers look for and how to present your case in the best light. With our guidance, your chance of approval increases significantly.
If you’re facing a Secretary of State hearing after a second DUI, call The Law Offices of David L. Freidberg. We’ve successfully guided clients through formal reinstatement hearings across Illinois and can help you build a case that gives you the best shot at regaining your freedom to drive.
When You Need a Fighter, Call Us
Whether you’re charged in downtown Chicago, Skokie, Maywood, Bridgeview, or Rolling Meadows, we’re ready. We appear regularly in courtrooms throughout Cook, DuPage, Will, and Lake Counties. And we don’t treat aggravated speeding as just another moving violation.
If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.
