How to Prepare for Your Secretary of State Hearing
If your license is revoked and you have had two or more losses of driving privileges because of DUIs, you will most likely be required to appear at an administrative hearing in Chicago, Joliet, Springfield or Mt. Vernon. Secretary of State Hearings in Chicago, Illinois, are difficult, which is where we at Johnson & Goldrich are here to help.
In the hearing process, you will be required to submit documentation known as an Alcohol/Drug Evaluation Uniform Report. An agency with licensing from the Division of Substance Use Prevention and Recovery (DSUPR) must complete this report as soon as possible following your most recent arrest for a DUI. Do note, if your last evaluation was completed six months or more prior to your hearing, it will be necessary to submit an up-to-date evaluation shown to be current. Note that a current evaluation will be needed from either an agency that worked to complete your Alcohol/Drug Evaluation Uniform Report or the agency you worked with to complete treatment. Working with a driver’s license reinstatement lawyer in Chicago, Illinois, can help ensure you have everything you need and are up-to-date for the process.
It’s crucial to know you will be classified into one of several levels based on the report you receive. The various levels of classification have additional requirements you must meet for a smooth process during Secretary of State Hearings in Chicago.
Minimal Risk
- You must show documentation you have successfully completed an education course regarding DUI risks.
Moderate Risk
- You must show documentation you have successfully completed an education course regarding DUI risks.
- You must show documentation you have successfully completed a program for Early Intervention. This documentation should indicate how many hours of the program were completed, the dates you were involved in the course and it must summarize all issues explored and addressed. In addition, it should show the overall outcome of the intervention after your involvement. This documentation must be shown on the providing agency’s letterhead.
- You must show documentation you have successfully completed any other treatment for substance abuse that a treatment provider and/or evaluator with a license has recommended.
Significant Risk
- You must show documentation you have successfully completed an education course regarding DUI risks.
- You must show documentation you have successfully completed any treatment for substance abuse that a treatment provider and/or evaluator with a license has recommended. This must be shown with a Secretary of State Treatment Verification form. Documentation may include:
- A Treatment Plan
- A Plan for Continuing Care
- A Status Report for Continuing Care
- A Discharge Summary
- If treatment was not provided, it will be necessary to submit a waiver showing this is the case This document must be on the letterhead of the providing agency.
High Risk – Level III Dependent
- You must show documentation you have successfully completed a program a professional recommends for the treatment of substance abuse. This may include an evaluator with a license or the provider of one’s treatment. Documentation may include
- A Treatment Plan
- A Plan for Continuing Care
- A Status Report for Continuing Care
- A Discharge Summary
- If treatment was not provided, it will be necessary to submit a waiver showing this is the case. This document must be on the letterhead of the providing agency.
- You must show documentation you have completely abstained from the consumption of alcoholic beverages or the use of any controlled substance. You will need three or more letters, all original and from different sources, that have been dated and signed 45 days or less from the date of your hearing. These letters should be from individuals, such as friends and family members who will be able to verify you have abstained from the use of both alcohol and drugs for a year or more; this is the case if you seek to reinstate your license. You must abstain for six months or more if you have a restricted driving permit. Note that rather than letters, you may also use acceptable witness testimony.
- You must show documentation of your involvement in a program providing recovery and/or support services as may be offered by Alcoholics Anonymous or through a church. You will need three or more letters, all original and from different sources, that have been dated and signed 45 days or less before your hearing. These letters may be from other participants of the program and will need to verify that you were actively involved in the support program. It is important to note that if you’ve had the assistance of a sponsor within that program, it will be necessary for you to also submit a letter from the sponsor; this letter must be original and will serve as documentation that you have been an active participant in the program. This letter must be dated and signed 45 days or less from the date of your hearing. Instead of letters, you may also use acceptable witness testimony.
High Risk — “Non-Dependent” (three DUI dispositions within 10 years from the most recent disposition)
- You must possess the Secretary of State Treatment Verification form. This form must be original and will serve to show completion of treatment for abuse of substances as prescribed by a treatment provider or licensed evaluator. Documentation may include an overall treatment plan, a summary of one’s discharge and a plan or status report for continuing care.
- If treatment was not provided, it will be necessary to submit a waiver showing this has been the case. This document must be on the letterhead of the providing agency.
- You will need three or more letters, all original and from different sources, dated and signed 45 days or less from the date of your hearing. These letters should be from individuals, such as friends or family members who can confirm you have shown a responsible pattern of using alcohol/drugs or complete abstinence from these substances for 12 months or more if seeking to reinstate a license. For a Restricted Driving Permit, abstinence or responsible use must be proven for at least six months. Rather than letters, you may also use acceptable witness testimony.
- It will be necessary for you to receive and submit a report from your treatment provider that explains why they ruled out dependency, as well as to provide background regarding the root cause of any behavior resulting in a significant number of DUI dispositions. You cannot waive this requirement.
Bringing the required documentation to the hearing is only the beginning. At administrative hearings in Chicago, Joliet, Springfield and Mt. Vernon you will be asked dozens, if not hundreds of questions. With the legal services of Johnson & Goldrich, you will know that your paperwork exceeds what is expected by the Secretary of State. You will also be thoroughly prepared for the questions that will be asked of you by us and the Secretary of State.