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Barry Boches & Associates

What Actually Happens At The Reinstatement Hearing?


At the reinstatement hearing, they are going to discuss what happened on the day that you received your conviction. They are going to ask how much you drank and if that correlates to how much you say you drank or the Breathalyzer. If say you said you had three beers and you blew a 0.21, then the evaluator is going to know you lied and will not give your license back. Obviously, you have no awareness of how much alcohol it takes to get to that point. They are going to ask you how much you’ve had to drink since then. They want you to be completely drug and alcohol-free for a number of months before they are going to consider it. I think they want you to be abstinent from the day you received your conviction. They are very strict. I can’t give the exact number of months as it differs from officer to officer. My partner William Margolin can answer that more specifically. He is our expert. He is very good at driver’s license reinstatement hearings. It really depends on the interviewer, but I know if you said you had something to drink, they are not going to care if you had a glass of wine with your mother on Christmas. They are going to say no, that does not meet our criteria and sometimes they won’t even tell you the exact reason you flunked. That’s the hard part and that’s why you really need to know someone who is an attorney and handles a lot of these hearings. You need to know what to do or you are going to have to go back in six months and go through the process again.

Could Someone Go To The Reinstatement Hearing Alone Without An Attorney?

You could go to the reinstatement hearing alone without an attorney. I’d say quite a few people we’ve had as clients have tried it on their own and they got turned down because they made simple errors in their questions that maybe they didn’t think through or maybe they didn’t think the answer they gave was going to be harmful. If you go yourself, don’t ask them for sympathy. You want to go in there with all your ducks in a row and every question ready to go and you should do fine. If you try to do that on your own, you may try to look online where the questions are going to be and good luck. It may not be current and it may not be correct. You can’t trust everything that’s online and everybody knows that.

Does Illinois Consider Every DUI Convict To Have A Serious Drinking Problem?

Most people that get a DUI ticket don’t get that on the first or second time they drove with alcohol in their system. They probably got away with it 30 or 40 or 50 or 100 times and they just got lucky or maybe they just never headed into a DUI roadblock. They don’t like the attitude you took because they know it’s not your first time when you got it and they know you got a break in your first time.

In Illinois, for the vast majority of people, this is their second DUI. They are going to say anyone can make a mistake once and not become more aware but you were supposed to become more aware because of your alcohol education and everything else as to how you got to that problem and how you didn’t deal with it. If you get a second one then the burden is totally on you to show that you have turned your life around and you are a different person and you would never subject the citizens of the state of Illinois to that kind of lowly death on the highway that a DUI driver can cause. I want them to protect my kids and my family from people that just don’t get it and get drunk driving tickets. If you get a second one, it shows the kind of attitude which says I got away with it once, I’m not worried about it, I can handle it and I’ll get away with it again.

For most people in Illinois, it’s going to cost between $6,000 and $10,000 if you get a DUI. This is the big chunk of most people’s savings, plus it will infringe on your ability to drive and your insurance is going to go up to $1,000 a year probably for the rest of your life because you are high risk. They will say that this didn’t make an impact on you, including your alcohol awareness class, so don’t expect us to show you any sympathy and give you your license back. We don’t want you back on the road to take that chance one more time and then God forbid, you have a head on with my family. These interviewers are not sympathetic nor should they be. If you’ve gotten to that point where you have a second DUI then you’ve made that decision to roll the dice.

For more information on Driver’s License Reinstatement Hearing, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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