Illinois DAH H 76 Form: Contest Driving Suspension

Illinois DAH H 76 Form: Contest Driving Suspension – If the Illinois Secretary of State has suspended your driving privileges under Section 6-206(a)31 of the Illinois Vehicle Code, Form DAH H 76 gives you the opportunity to request an administrative hearing and challenge that suspension. This form is specifically designed for drivers who face suspension related to a refusal to submit to chemical testing (or a failed test) after involvement in a personal injury or fatal motor vehicle crash under Section 11-501.6.

This guide explains what the form is used for, who should file it, how to complete it correctly, the required filing fee, where to mail it, and what to expect at the hearing. All information is based on official publications from the Illinois Secretary of State and the Illinois Vehicle Code.

What Is Form DAH H 76?

Form DAH H 76 is the official “Petition to Contest a Suspension under Section 6-206(a)31 of the Illinois Vehicle Code.” It is issued by the Office of the Secretary of State, Department of Administrative Hearings.

Section 6-206(a)31 authorizes the Secretary of State to suspend driving privileges when a person has refused to submit to a chemical test required by Section 11-501.6 (or certain boat-related provisions) or has submitted to a test that showed an alcohol concentration of 0.08 or more or the presence of certain drugs or intoxicating compounds after a crash involving death or personal injury.

The current version of the form (DAH H 76.7) was printed in March 2023 and remains the version available on the official Illinois Secretary of State website.

Official download link:
Download Form DAH H 76 (PDF)

Who Should File Form DAH H 76?

You should use Form DAH H 76 if:

  • You received a Notice of Suspension under Section 6-206(a)31,
  • The suspension stems from an alleged refusal or failed chemical test after a crash involving death or personal injury (as defined in Section 11-501.6), and
  • You want to challenge the suspension at an administrative hearing before the Secretary of State.

This form is not used for ordinary DUI statutory summary suspensions under Section 11-501.1, safety responsibility suspensions, or most other types of suspensions. Different forms exist for those situations.

Grounds for Contesting the Suspension

On Form DAH H 76 you must check one or more specific boxes that state the legal grounds for your challenge. The hearing will be limited only to the issues you select. The available grounds are:

  • You were not driving nor in actual physical control of a motor vehicle upon a public highway of this state at the time of the crash in question.
  • The motor vehicle crash in question did not result in death or personal injury (as defined in Section 11-501.6) requiring immediate professional attention in either a doctor’s office or a medical facility.
  • You were not issued a Uniform Traffic Ticket for any violation of the Illinois Vehicle Code or a similar local ordinance (except equipment violations in Chapter 12).
  • You were not verbally warned by the officer of the consequences of refusal or failure, as required by Section 11-501.6.
  • You did not refuse to submit to or fail to complete the required chemical test(s), or
  • You did submit to the requested test(s), but the sample did not indicate an alcohol concentration of 0.08% or more and/or any amount of a drug, substance, or compound listed in Section 11-501.6.

For every box you check, you must provide supporting facts on the reverse side of the form (or on additional attached pages).

Filing Fee and Payment Requirements

A non-refundable $50 filing fee must accompany every request for a hearing. The fee must be paid by check or money order made payable to the “Secretary of State.” Cash is not accepted.

If the form arrives without the correct fee, it will be returned and no hearing will be scheduled. The non-refundable nature of the fee is established by Section 2-118 of the Illinois Vehicle Code and 92 Ill. Admin. Code 1001.70.

Where to Mail Form DAH H 76?

Mail the completed form and the $50 fee to the location where you prefer the hearing to be held. The Department of Administrative Hearings will try to accommodate your preference while also considering the location of the crash and the arresting officer.

  • Chicago:
    Office of the Secretary of State
    Administrative Hearings Department
    17 N. State St., Ste. 1200
    Chicago, IL 60602
    Phone: 312-793-3722
  • Springfield:
    Office of the Secretary of State
    Administrative Hearings Department
    501 S. Second St., Rm. 212
    Howlett Building
    Springfield, IL 62756
    Phone: 217-782-7065
  • Joliet:
    Office of the Secretary of State
    Administrative Hearings Department
    54 N. Ottawa St., 4th Floor
    Joliet, IL 60432
    Phone: 815-740-7171
  • Mount Vernon:
    Office of the Secretary of State
    Administrative Hearings Department
    218 S. 12th St.
    Mount Vernon, IL 62864
    Phone: 618-242-8986

Indicate your preferred time of day (a.m. or p.m.) and the approximate number of miles from your home to the hearing location. Preferences are not guaranteed.

How to Complete Form DAH H 76 Correctly?

  1. Download the official fillable PDF from the Illinois Secretary of State website.
  2. Enter your full legal name, driver’s license number, current street address, city/state/ZIP, and telephone number (indicate home or work).
  3. Check the box(es) that apply to your situation.
  4. On the reverse side (or additional pages), write a clear, factual explanation supporting each checked ground.
  5. Sign and date the petition.
  6. Prepare a check or money order for exactly $50 payable to the Secretary of State.
  7. Mail the form and payment to your preferred hearing location.

Keep a complete copy of everything you submit for your records.

What Happens After You File?

Once the Department of Administrative Hearings receives a properly completed form and the $50 fee, it will schedule a formal administrative hearing. You will receive written notice of the date, time, and location (or virtual format if applicable).

At the hearing you may present testimony, documents, and other evidence limited to the issues you raised on the form. An attorney may represent you. After the hearing, the hearing officer makes a recommendation, and the Secretary of State issues a final decision. Decisions are subject to the Administrative Review Law.

Important Tips for Illinois Drivers

  • Act promptly. Delays can result in the suspension remaining in effect longer than necessary.
  • Only use the official form from ilsos.gov. Third-party versions may be outdated.
  • Provide detailed supporting facts. Vague or incomplete statements weaken your case.
  • Consider consulting an Illinois attorney experienced in driver’s license hearings, especially if the underlying crash involved serious injury or death.
  • Remember that a successful contest removes or prevents the suspension from appearing on your driving record under this section.

Official Resources

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