Procedures for Drivers With Four DUI Convictions
If you have been convicted of DUI on at least four occasions, including out-of-state convictions, and if any conviction resulted from an arrest that occurred after January 1, 1999, you are subject to special rules. Keep in mind that court supervision does not count as a conviction.
The rules differ depending upon whether you a resident of Illinois or another state.
The conditions and limitations for driving relief applicable to a resident of Illinois are as follows:
- You have fewer than two convictions for driving under the influence of drugs, intoxicating compounds or a combination of these substances. (Convictions falling under 625 ILCS 5/11-501 (a)(3),(4), or (5))
- It has been at least five years from the date of the most recent DUI revocation, or five years from the date of your release from a term of imprisonment as a result of a DUI conviction, whichever is later. In order to prove this, you must produce of copy of your sentencing order to show if you were sent to jail or prison, and if so, for what length of time. If you were sent to jail or prison, you must provide proof from the jailer or Department of Corrections to demonstrate your release date
- At the time of the hearing, you must demonstrate at least three years of uninterrupted abstinence from alcohol and any illegal drugs
- You would be limited, for the remainder of your life, to a restricted driving permit to drive to and from and on the job, to and from regularly scheduled medical appointments for you or any immediate family member, to and from AA or any other support meetings, to and from educational institutions for you and your children and to and from day care
- You would be forever required to drive only a vehicle with a BAIID (breath machine) installed on it at all times while operating the vehicle or vehicles. Once every two years, you would be required to have an informal hearing with the Illinois Secretary of State to renew your permit for another two years.
The requirements if you live out-of-state and are seeking to release the hold Illinois has on your ability to obtain a driver’s license in another state or retain the out-of-state driver’s license you currently have are:
- It has been at least (10) years from the effective date of the most recent DUI. If the most recent DUI conviction arose in another state, begin counting the ten years from there, even if it is not recorded on your Illinois driving record
- You must demonstrate a minimum of three years of uninterrupted abstinence from all substances (drugs and alcohol)
- If you were successful in obtaining a release of the hold but subsequently established residency in the State of Illinois, you would be subject to a new hearing and a lifetime of driving on a restricted permit with a breath machine as outlined above for Illinois residents.
Unlike someone applying for driving relief in-state, as a non-resident, you would not have to provide evidence of the date of your release from jail or prison. Furthermore, you would not be barred from seeking clearance even if you have multiple DUI-drug convictions on your record. Once cleared, you would be entitled to drive in Illinois upon receiving a driver's license from another state.