If your license got revoked after a DUI in Illinois, it doesn't just come back on its own. You have to go through a Secretary of State (SOS) hearing. There are two types — formal and informal — and picking the wrong one can cost you months.
When your license is revoked (not just suspended), it doesn't automatically come back after a set period. You have to petition the Illinois Secretary of State's office and demonstrate that you've completed all requirements and that you're safe to return to the road. This is done through a hearing.
The hearing is where you present your case — your completed DUI evaluation, proof of treatment, and other supporting documentation. The hearing officer reviews everything and makes a recommendation to grant or deny your request for driving relief.
An informal hearing is held at a Secretary of State facility — typically a Driver Services facility. These hearings are less structured than formal hearings and are conducted by a hearing officer employed by the Secretary of State's office.
Informal hearings are generally available to:
If you have multiple DUI convictions or have previously been denied at a hearing, you may not be eligible for an informal hearing.
Pros: Faster scheduling, less formal atmosphere, generally sufficient for straightforward first-offense cases.
Cons: If denied, you may have to wait before reapplying. The hearing officer has significant discretion, and you don't get the same level of procedural protections as a formal hearing.
A formal hearing is a more structured proceeding, similar to an administrative court hearing. These are conducted by the Secretary of State's Department of Administrative Hearings in Springfield, Illinois (though they may also be held at other locations).
Formal hearings are typically required for:
You can also choose to have a formal hearing even if you're eligible for an informal one. Some attorneys recommend this for certain cases.
Pros: More procedural protections, ability to present witnesses, a formal record is created (useful for appeals), and may be necessary for complex cases.
Cons: Longer wait times to schedule, more preparation required, and an attorney is strongly recommended.
Regardless of which type of hearing you attend, you'll need solid documentation. The Secretary of State wants to see that you've taken the process seriously and that you've addressed the issues that led to your DUI. Key documents typically include:
At DUI Evaluation & Treatment Services, we provide comprehensive SOS hearing documentation packages. We know exactly what the hearing officers are looking for, and we make sure your paperwork is thorough and properly formatted.
The short answer: it depends on your specific situation. Here's a general guide:
If you're not sure which type of hearing you need, give us a call. We can review your situation and point you in the right direction. We can also connect you with attorneys who specialize in SOS hearings if needed.
No matter which hearing type you need, preparation is everything. Strong documentation dramatically improves your chances of a favorable outcome. We've been helping clients prepare for SOS hearings for over 15 years, and we know what works.
Call us at (217) 891-6063 to schedule your evaluation and start building your hearing documentation, or contact us online.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. SOS hearing requirements and procedures can change. For advice about your specific situation, consult with a qualified attorney.