Legal Question in DUI Law in Illinois

getting back license

My husband lost his license and has been eligible for the last 2 years. The problem is that he now lives in Wisconsin and has to have it reinstated in Illinois to become eligible in Wisconsin. The problem is that he has to do an out of state hearing and he has not done any group sessions as in AA but has completed the rest of the requirements. He has been sober for 3 years now, how does he go about getting his license back and does he need to participate in a program like AA


Asked on 9/25/07, 11:04 am

1 Answer from Attorneys

JAY Nixon nixon law offices

OWI Reinstating Revoked Illinois License in Order to Obtain WI License

You need an experienced IL traffic law attorney as soon as possible, since WI and IL have reciprocity for OWI related revocations and neither problem will be solved until the original IL revocation is resolved. I have had many clients with this problem in the past and know that reinstatement in IL can be extremely difficult and expensive, sometimes requiring thousands of dollars in treatment. One client once went for such treatment as referred by IL state authorities and successfully completed it, only to be told that they had to start over again because it took too long. The bottom line is that the IL DOT system seems to be very poorly regulated, inconsistent, and extremely tough on OWI offenders. Perhaps the fact that a former IL governor is being prosecuted for accepting bribes in return for illegally issuing drivers licenses is an example of this. However, art of the reason they are so tough is because few offenders are ever actually convicted in IL--the get "judicial probation" instead. If they complete it successfully (it includes most of the same treatment requirements as a WI OWI conviction), the charge is dismissed. Only the worst offenders who fail probation actually get "convicted." Hence, the IL DOT treats anyone convicted as if they were a chronic, incorrigible offender. Unfortunately, this includes IL residents who are convicted in WI. In WI, unlike IL, nearly everyone gets convicted. New legislation in both states reducing this disparity is needed in order to correct this problem.

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Answered on 10/04/07, 12:38 pm


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