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I was convicted of a DUI in 2008. I have not been to a hearing. It has been 5 yrs. how does time affect approval/denial?

Hoffman Estates, IL |

I was convicted of a DUI in 2008. It was my 2nd offence, however, the first offence was reduced to reckless driving and I was given supervised supervision. It has been 5 yrs since my last DUI and I have had no legal trouble (traffic or criminal) since then. I haven't attempted to restore any driving privileges through any hearing process yet. Since 2008 I have started a stable career in Aviation, got married and have a 4-year-old-son. How will any of this affect the decision making of the Secretary of State in approving me for either an RDP, BAIID, or full reinstatement?

Attorney Answers 4


  1. If you received a statutory summary suspension from the first arrest you are BAIID and formal hearing required. You will be at least sig risk (10 hrs of risk Ed and 20 hrs of alcohol counseling as determined by the person who completes your alcohol evaluation).

    You are eligible for reinstatement. Ask for that or an RDP. Your life changes are a good start but not enough. An attorney with extensive Secretary of State hearing experience would help.


  2. You should hire an attorney with Sec of State reinstatement experience. If you would like a referral to one with extensive experience and an outstanding track record, contact me. www.galivanlaw.net


  3. It is highly recommended that you hire an attorney who is experienced in these matters. If you attempt to go through the process without an attorney, you are setting yourself up for failure due to the various nuances of both paperwork and hearing preparations. As far as the time that has lapsed since your last arrest, while they take that into consideration to some degree, even more important is having a solid updated evaluation and an attorney who can prepare you for the hearing.

    This is no way creates an attorney-client relationship.


  4. Length of time never seems to matter to the Secretary of State. Life changes do matter, but you need to make sure that is not the only component. The solid ability to testify in the hearing and having the paperwork to back it up is vital. Any T that goes uncrossed or an i without a dot can lead to a denial.

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