Myths About Secretary of State (SOS) Hearings in Chicago
It’s not until you no longer have access to a driver’s license that you realize how important it is. Having your license revoked or suspended can make it difficult to travel to work, school, and take care of daily responsibilities.
When you lose your license, it is usually necessary to schedule a hearing with the Illinois Secretary of State (SOS). A Secretary of State hearing is not automatically required for every suspension. However, it is necessary following most serious suspensions and any revocation if you want full driving privileges back.
License reinstatement is anything but easy, especially without legal support. There might be a lot of questions you have or myths you’ve heard about SOS hearings. Unfortunately, myths and a lack of knowledge can lead to poor decisions and ultimately a denied petition.
Our lawyers can clarify misunderstandings about Secretary of State hearings in Chicago and other parts of Illinois. Below, we break down some common myths. For more information, contact our law firm to schedule a consultation.
Driver’s License Reinstatement Hearing Myths & Truths
Myth 1: Hiring a Lawyer Is a Waste of Money
Many drivers believe hiring an attorney for a reinstatement hearing is unnecessary or a waste of money. In reality, attempting to handle a Secretary of State hearing on your own often leads to costly mistakes that result in a denial and a long waiting period before you can try again.
The process itself has many complicated ins and outs that are difficult to navigate. There are numerous benefits to hiring a Secretary of State hearing lawyer. Without the right legal representation, you are likely to end up with unwanted results.
Hiring the wrong attorney can also be detrimental to your case. A lawyer who doesn’t focus on DUI-related revocations or license reinstatements might find the process complicated. It is important to hire a lawyer well-versed in DUI laws, suspension rules, and reinstatement processes.
Finding an attorney with experience in Secretary of State hearings is highly recommended. For assistance with SOS hearings in Illinois, our legal team at Johnson & Goldrich, P.C., has the knowledge to help you.
Myth 2: A Lawyer Can Only Advise You Outside of Your Hearing
Your reinstatement attorney can advise and stand with you during all suspension and revocation hearings. This includes both informal and formal hearings.
Myth 3: All Reinstatements After a DUI Require a Restricted Driving Permit (RDP)
Drivers who have been convicted of only one DUI may not require a restricted driving permit (RDP) to achieve reinstatement. If you have two or more DUIs or related suspensions, you will likely need a permit to drive before getting your license back. Higher BAC levels or significant or high-risk classifications also often result in an RDP requirement.
There are several criteria drivers must meet to receive an RDP:
- Evidence of proven hardship
- Evidence of completed alcohol or drug treatment program(s), when relevant
- Have a valid ID and proof of car insurance
- Supply court documents related to your conviction
Hearing officers review evaluations, treatment completion, sobriety proof, and testimony. Strong cases can avoid RDP mandates.
Myth 4: All Drivers Get Denied at the First Hearing
Without an attorney, your chances of winning your first hearing are very slim. With a skilled lawyer on your side, your odds of winning greatly increase.
You have the right to legal representation for both formal and informal hearings. Make sure to exercise that right and contact Johnson & Goldrich, P.C. The sooner you begin the process, the sooner you will be able to drive again!
Myth 5: If You Drink at All, You Won’t Get a Permit or Your License
Of course, you should not be drinking after the loss of your driving privileges if the loss was related to a DUI charge. However, if you do not have a substance abuse problem, there is no reason why you cannot consume alcohol in moderation. It’s crucial to drink responsibly, especially while your license is suspended.
Individuals who recklessly consume alcohol tend to make poor choices. The Secretary of State needs to see that petitioners can drink responsibly. They will hesitate or deny a reinstatement if a driver seems likely to make poor alcohol-induced decisions. You need to prove that you are a safe, responsible driver in any license reinstatement case.
Myth 6: You Don’t Need a Lawyer for an Informal Hearing, Only a Formal One
Another common misunderstanding is that legal representation is only necessary for a formal reinstatement hearing. While informal hearings may seem less intimidating, they can be just as complex and unforgiving.
Informal hearings focus heavily on documentation, consistency, and credibility. Even small errors, such as outdated evaluations or unclear explanations, can lead to denial. The hearing officer will not guide you through the process or explain what you did wrong. Having a lawyer present for an informal hearing helps ensure everything is submitted correctly and that your testimony aligns with the Secretary of State’s expectations.
Myth 7: All Reinstatements in Illinois Require a Formal Hearing
Not every Illinois license reinstatement case requires a formal hearing. In many situations, drivers may be eligible for an informal hearing depending on their driving record. Many others qualify for no hearing at all.
Understanding which type of hearing applies to your situation is critical when determining how to get your license reinstated in Illinois. Preparing incorrectly can result in delays and denials. Our experienced reinstatement attorneys can determine whether you qualify for an informal or formal hearing and help you prepare accordingly.
Myth 8: If You Don’t Minimize What Happened, You Won’t Get Your License Back
Some drivers believe they need to downplay or minimize past drinking and driving behavior in order to win their hearing. This is one of the most damaging myths about SOS hearings in Chicago.
Hearing officers are trained to spot minimization and denial. Attempting to gloss over past behavior or shift blame often raises red flags and hurts your credibility. Honesty, accountability, and demonstrated change are far more persuasive than minimizing what occurred.
Whether you are seeking a permit or full reinstatement, the Secretary of State wants to see insight, responsibility, and a realistic plan to avoid future issues, not excuses.
Get Confident Representation for Driver’s License Reinstatement
If you have more license restoration hearing questions, reach out to our team at Johnson & Goldrich, P.C. We have years of experience handling reinstatement cases throughout Illinois and work exclusively in this area of law. We can help you understand everything from reinstatement fees to the hearing process following multiple DUI offenses.
Contact us today to schedule a free consultation! Whether you need to attend a formal or informal hearing in Illinois, your questions will be answered.