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Asked over 3 years ago - Western Springs, IL
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When my son was 19 he received a dui in Indiana. He is an illinois resident. Initially he was told he lost his license for 1 year and we now learned it was for two years.
What is the correct answer?
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More information is necessary regarding the disposition of your son's DUI. Did he plead guilty to the DUI in Indiana? If so, when it was reported back to Illinois, it likely resulted in a revocation rather than a suspension of his Illinois license. It would be advisable to consult an attorney who concentrates in license reinstatement. Feel free to call our office (847)390-8500 or visit our website www.larrydavisltd.com.
Chances are, when the Indiana DUI was reported to IL, it was as a conviction. That means his IL license is revoked and he needs to seek reinstaement pursuant to a Secretary of State hearing. He may be eligible for a restricted driving permit leading to full reinstatement. Contact an IL attorney well versed in reinstatement matters for assistance.
Good luck.
Eric Perry
(847) 465-0007
Indiana reported the conviction to Illinois. Because your son committed the offense while he was under the age of 21, the revocation is for two years. (see 625 ILCS 6-205 (d)). He therefore cannot apply for full reinstatement of his driver's license for two years. However, after one year, he may apply for a restricted driving permit (RDP) provided he is able to demonstrate “undue hardship”.
“Undue hardship” is more than inconvenience to your son or you. It means that because he cannot drive, there have been identifiable negative consequences on his job, school or medical care. I have an extensive discussion of this and other issues at my web site: www.harvatinlaw.com
