Illinois DAH H 78 Form: Contest CDL Disqualification – Commercial drivers in Illinois face strict rules under the Uniform Commercial Driver’s License Act. A disqualification of your Commercial Driver’s License (CDL) can end your livelihood overnight. Form DAH H 78 from the Illinois Secretary of State gives eligible drivers a formal way to challenge certain disqualifications tied to chemical testing.
This article explains exactly what Form DAH H 78 is, when you can use it, how to complete and file it, and what happens next. All information is drawn from official Illinois Secretary of State publications and the Illinois Vehicle Code.
What Is Form DAH H 78?
Form DAH H 78 is the official “Petition to Contest a CDL Disqualification Based Upon a Refusal, Failure to Complete, or Failure to Pass a Chemical Test(s) Allegedly While Operating a Commercial Motor Vehicle.”
The Illinois Secretary of State’s Department of Administrative Hearings issues this fillable PDF. Drivers use it to request a hearing that can rescind a CDL disqualification stemming from alleged alcohol or drug-related chemical testing issues while driving a commercial motor vehicle (CMV).
You can download the current version of the form directly from the official Illinois Secretary of State website:
The form is also listed on the official Administrative Hearings Publications and Forms page.
When Can You File Form DAH H 78?
Use Form DAH H 78 only for disqualifications arising from:
- Refusal to submit to a chemical test
- Failure to complete a chemical test
- Failure to pass a chemical test (blood-alcohol concentration of 0.04% or higher, or any amount of a prohibited drug, substance, or compound)
These actions must have allegedly occurred while you were operating a commercial motor vehicle. The legal basis appears in 625 ILCS 5/6-514 and the hearing procedures in 625 ILCS 5/6-520.
The form is not the correct petition for every CDL problem. Disqualifications based on criminal convictions, serious traffic violations, out-of-service orders unrelated to chemical tests, or statutory summary suspensions while driving a non-commercial vehicle follow different procedures.
Grounds You Can Raise on Form DAH H 78
The hearing is strictly limited to the issues you check on the form. Available grounds include:
- You were not driving a commercial motor vehicle at the time in question.
- After the initial stop, the officer lacked probable cause to believe you were driving a commercial vehicle with alcohol or a prohibited drug, substance, or compound in your system (Section 6-516 of the Illinois Vehicle Code).
- The officer did not warn you of the consequences before asking you to submit to chemical testing (Section 6-517 of the Illinois Vehicle Code).
- You submitted to the requested test(s), but the results did not show a blood-alcohol concentration of 0.04% or more or any prohibited drug, substance, or compound.
- If the allegation is refusal or failure to complete the test: You did not refuse to submit to or fail to complete the required chemical test(s).
You must provide supporting facts on the reverse side of the form (or on attached pages). The hearing officer will consider only the boxes you check.
How to Complete and File Form DAH H 78?
Follow these steps carefully:
- Download the fillable PDF and open it in Adobe Acrobat Reader for best results.
- Enter your full name, Commercial Driver’s License number, street address, city/state/ZIP, telephone number, and the Out-of-Service Order and Sworn Report Document Number.
- Check every applicable box that matches your grounds for contesting the disqualification.
- Write a clear factual explanation supporting each checked box. Attach extra pages if needed.
- Sign and date the petition under penalties of perjury (Section 1-109 of the Illinois Code of Civil Procedure).
- Indicate whether you have already sent a petition to remove the related Out-of-Service Order.
- Include a non-refundable $50 filing fee paid by check or money order made payable to the Secretary of State. Cash is not accepted.
Mail the completed form and fee to the Department of Administrative Hearings location where you want the hearing held:
- 17 N. State St., Suite 1200, Chicago, IL 60602
- 212 Howlett Building, Springfield, IL 62756
- 54 N. Ottawa St., Joliet, IL 60432
- 218 S. 12th St., Mt. Vernon, IL 62864
If the petition arrives without the fee, the Secretary of State will return it and will not schedule a hearing. The $50 fee is non-refundable under the Illinois Vehicle Code and 92 Illinois Administrative Code 1001.70.
What Happens After You File?
Under 625 ILCS 5/6-520, the Director of the Department of Administrative Hearings (or a designee) reviews the petition within 10 days. If the petition fails to state valid grounds on its face, it will be denied and the disqualification proceeds as if no petition had been filed. You may submit a new petition.
If the petition is accepted, a formal hearing is scheduled. The scope of the hearing is limited to the issues listed in the statute and the boxes you checked. The hearing may rely on the officer’s official reports, although you may subpoena the officer. Failure of the officer to appear after a valid subpoena can result in a continuance.
Important: Filing Form DAH H 78 does not stay or delay the effective date of the disqualification. Your commercial driving privileges remain restricted until the hearing officer issues a final decision that either sustains or rescinds the disqualification.
The hearing produces a final appealable order. Further review is available under the Administrative Review Law if needed.
Key Legal References
- 625 ILCS 5/6-514 — CDL and CLP disqualifications
- 625 ILCS 5/6-520 — CDL disqualification or out-of-service order; hearing procedures
- Official form and instructions: DAH H 78 PDF
- Administrative Hearings forms list: ilsos.gov Administrative Hearings Publications
Practical Tips for Illinois CDL Drivers
- Act quickly. Deadlines and the non-stay provision mean delay can leave you without commercial driving privileges for an extended period.
- Keep copies of everything you submit, including the check or money order.
- Consider consulting an attorney experienced in Illinois CDL and administrative hearings law before filing. Procedural errors or incomplete facts can limit your options.
- Confirm current addresses and any virtual hearing options on the official Illinois Secretary of State Administrative Hearings page, as locations and procedures can be updated.
Conclusion
Form DAH H 78 is a critical tool for commercial drivers who believe an Illinois CDL disqualification based on chemical testing was improper. By carefully completing the petition, paying the required fee, and clearly stating only the allowed grounds, you give yourself the best chance at a hearing that can rescind the disqualification.
Always rely on the most recent version of the form from the Illinois Secretary of State website and the current text of the Illinois Vehicle Code. For personalized advice about your specific situation, contact a qualified Illinois attorney or the Department of Administrative Hearings directly.
Download the official form now: Illinois Secretary of State Form DAH H 78