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Formal and Informal Hearings for Illinois Statutory Summary Driver License Suspensions

Posted by attorney Alan Brinkmeier

The Illinois Secretary of State’s Office establishes rules that set up two types of hearings: formal and informal. Usually, if a person has more than one statutory summary suspension (for failing or refusing a drug, breath, urine or blood test) or has DUI conviction arising out more than one separate DUI offenses the person is required to have a formal hearing.

A person must also have a formal hearing if the offense involved a death or if the person seeks a modification or recission of your suspension or revocation.

Under Illinois law, the Secretary of State must schedule the requested formal hearing that is to be held within 90 days of the request. After the hearing the decision must be issued by the Secretary based on the Hearing Officer recommendation within 90 days of the hearing.

If the person is eligible for an informal hearing, there is no need to request a hearing. Simply go to a local Secretary of State facility and have a hearing. Hearing officer are available. An appointment is not required.

A response from the Secretary of State is generally received within 4-6 weeks.

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