Illinois Form DAH H 70: Contest Zero-Tolerance Suspension

Illinois Form DAH H 70: Contest Zero-Tolerance Suspension – If you are under 21 and received a zero-tolerance suspension of your Illinois driving privileges, Form DAH H 70 from the Illinois Secretary of State Department of Administrative Hearings allows you to formally petition for a hearing to contest it. This guide explains the form, the underlying law, how to complete and file it, and what to expect—using current official information from the Illinois Secretary of State.

What Is a Zero-Tolerance Suspension in Illinois?

Under Illinois’ Zero Tolerance Law (Section 11-501.8 of the Illinois Vehicle Code), any driver under age 21 who is stopped and issued a citation for a traffic violation can be required to take a chemical test if a law enforcement officer has probable cause to believe the driver has consumed any amount of alcohol. A blood-alcohol concentration (BAC) greater than 0.00, or a refusal/failure to complete the test, triggers an automatic suspension of driving privileges.

According to the Illinois Secretary of State, typical penalties include:

  • First offense (BAC > 0.00): 3-month suspension
  • Second offense (BAC > 0.00): 1-year suspension
  • First refusal or failure to complete a test: 6-month suspension
  • Second refusal or failure: 2-year suspension

Full driving privileges cannot be restored until any required reinstatement fees are paid. A separate DUI charge (BAC of 0.08 or higher, or impairment) can result in longer revocations.

What Is Illinois Secretary of State Form DAH H 70?

Form DAH H 70 is the official “Petition to Contest a ‘Zero Tolerance’ Suspension.” It is issued by the Illinois Secretary of State Department of Administrative Hearings. Completing and submitting this form (with the required fee) requests a formal hearing to challenge the suspension under Section 11-501.8 of the Illinois Vehicle Code.

The form is a fillable PDF. The Illinois Secretary of State recommends downloading it and opening it in Adobe Acrobat Reader for best results. The current version is dated December 2021 (DAH H 70.5).

Download the official form here: Illinois Secretary of State Form DAH H 70 (PDF)

Grounds for Contesting a Zero-Tolerance Suspension

On Form DAH H 70 you must check one or more specific grounds. The hearing will be limited only to the issues you mark. Official grounds listed on the form include:

  • The officer lacked probable cause to believe you were driving or in actual physical control of a motor vehicle.
  • The officer lacked reason to believe you violated any provision of the Illinois Vehicle Code or a similar local ordinance.
  • You were not issued a citation or arrested for a Vehicle Code or local ordinance violation.
  • The officer lacked probable cause to believe you had consumed any amount of alcohol.
  • You were not verbally warned of the consequences before being asked to submit to chemical testing (as required by Sections 6-208.2 and 11-501.8).
  • You submitted to the test(s) but the sample did not indicate a BAC greater than 0.00.
  • You did not refuse or fail to complete the required chemical tests.
  • You claim a statutory exception under Section 11-501.8 (for example, alcohol consumed in a religious service/ceremony or a prescribed/recommended medicine containing alcohol).

For every box you check, you must provide supporting facts on additional pages. Incomplete petitions are returned and will not be scheduled.

How to Complete and File Form DAH H 70?

Follow these steps carefully:

  1. Download the official PDF from the Illinois Secretary of State website.
  2. Fill in your full name, driver’s license number, street address, city/state/ZIP, telephone number (specify home or work), and the Sworn Report Document Number (from the suspension notice).
  3. Check the applicable grounds and attach extra pages with supporting facts.
  4. Sign and date the petition under penalty of perjury (Section 1-109 of the Illinois Code of Civil Procedure).
  5. Include a non-refundable $50 filing fee in the form of a check or money order payable to the Secretary of State. Cash is not accepted. The fee is required under Section 2-118 of the Illinois Vehicle Code and 92 Ill. Admin. Code 1001.70. Petitions without the fee are returned and no hearing is scheduled.
  6. Mail the completed form and fee to one of the four Administrative Hearings locations (choose the one closest to you or preferred; the department will try to accommodate while considering the location of the arresting officer):
    • Chicago: Office of the Secretary of State, Department of Administrative Hearings, Suite 1200, 17 N. State St., Chicago, IL 60602
    • Springfield: Room 212, Howlett Building, Springfield, IL 62756
    • Joliet: 54 N. Ottawa St., Joliet, IL 60432
    • Mt. Vernon: 218 S. 12th St., Mt. Vernon, IL 62864

Formal hearings for zero-tolerance contests are required under 92 Ill. Admin. Code 1001.680. After receipt, the Department will schedule a hearing and send a Notice of Hearing.

What Happens at the Hearing?

Zero-tolerance contest hearings are formal administrative hearings. You (or your attorney) may present evidence and testimony limited to the issues you raised on the petition. The arresting officer’s sworn report is generally admissible. The hearing officer makes a recommendation, and the Secretary of State issues a final decision.

If the suspension is upheld, you must still serve the full suspension period and pay any reinstatement fees before privileges are restored. Drivers whose licenses were suspended before age 21 may also need to complete a driver remedial education course and, in some cases, a full driver’s license examination.

Important Tips for Illinois Drivers

Conclusion

Illinois Secretary of State Form DAH H 70 is the required first step to challenge a zero-tolerance suspension. By accurately completing the petition, selecting valid grounds, providing supporting facts, and submitting the $50 fee to the correct Administrative Hearings office, you preserve your right to a formal hearing. Always rely on the most current official forms and instructions from the Illinois Secretary of State, as procedures and contact details can be updated.

Download Form DAH H 70 now: https://www.ilsos.gov/content/dam/publications/pdf_publications/dah_h70.pdf

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