Losing your license after a DUI does not end when the criminal case does. In Illinois, getting driving privileges back is a separate Secretary of State process with its own waiting periods, paperwork and, in many cases, a hearing. This guide explains the basics. Because the rules depend on your record, call us before you apply. Our attorneys are both former Lake County Assistant State's Attorneys, with about 20 and 15+ years of experience. See our attorney profiles to learn more.
Suspension vs. Revocation: Know Which You Have
A DUI arrest can lead to a statutory summary suspension that begins on the 46th day after notice. A DUI conviction leads to a separate revocation of your driving privileges. A suspension ends after a set period. A revocation does not simply expire: you must apply to the Secretary of State and show that you can drive safely. The two can overlap, and time you served on a summary suspension can be credited toward the minimum revocation period for the same incident.
Waiting Periods After a DUI Conviction
Under the Illinois Vehicle Code, a person whose license was revoked can generally apply for a license after one year. Longer waits apply to repeat offenses: the Code sets minimum waits of five years for a second DUI within 20 years and ten years for a third. People with a second or later DUI conviction must also generally use an ignition interlock device for at least five years. A fourth or later violation is generally a bar to applying for a license, with only narrow permit relief. Revocations tied to a crash causing a death can carry longer waits. You may be able to seek a restrictive driving permit sooner.
What the Secretary of State Looks For
The Secretary of State must be satisfied that restoring your privilege will not endanger public safety. For a first DUI disposition, the Secretary of State handles the request at an informal hearing. Multiple DUI dispositions or a fatality generally require a formal hearing, which has a $50 filing fee. In general, expect to provide an evaluation, risk education, and required forms; confirm current requirements with the Illinois Secretary of State.
Supporting Information
Depending on your evaluation and the type of hearing, the Secretary of State may ask for supporting information, such as letters from people who know you well. If you are classified as high risk, expect stricter requirements, which can include treatment. Requirements vary by case, so confirm current requirements with the Illinois Secretary of State. Missing or outdated documents can delay your case, and a request that is not ready may be denied.
Reinstatement Fees
Illinois law sets a reinstatement fee of $500 for a revocation. For a summary suspension, the fee is $250, and it is $500 for a person with a second or later suspension or revocation for DUI. Your license is not restored until the fee is paid, and fees can change, so confirm the current amount with the Secretary of State. You may also have to pass any driver's license tests the Secretary of State requires.
Where We Fit In
We can review your driving abstract, explain which hearing applies, and help you assemble the evidence. We also defend the underlying charge, which matters because the outcome of the criminal case controls your revocation. See our DUI defense, first-time DUI and second-offense DUI pages, and our criminal defense, DUI and traffic hub.
Frequently Asked Questions
How long until I can get my license back after a first DUI conviction?
Generally you can apply after one year of revocation, and credit may apply for time on the summary suspension. You may be able to get a restricted driving permit earlier. Your exact date depends on your record and the facts.
Do I need a hearing to reinstate my license after a DUI?
Often yes. A first DUI disposition generally goes to an informal hearing, and multiple DUI dispositions or a fatality require a formal hearing. A summary suspension on its own may end with reinstatement once the period passes and fees are paid.
What documents do I need for my Secretary of State hearing?
In general, an evaluation, risk education, and required forms. Requirements vary by case, so confirm current requirements with the Illinois Secretary of State before you apply.
Can I drive while waiting for reinstatement?
Not unless you hold a valid permit. A monitoring device driving permit or a restricted driving permit may be available in some cases, usually with an ignition interlock. Driving while revoked or suspended is a separate offense, so ask us before you drive.
Talk to Our Team
Call (847) 520-4810 (our phone line is available 24/7) or request a free consultation online. Our office is at 433 N. Milwaukee Ave, Wheeling, IL 60090, open Monday–Friday 9–5 and closed Saturday. Bilingual staff can assist; se habla español.
This page is general information about Illinois law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different, no lawyer can guarantee a result, and past results do not predict future outcomes.