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Posted on in DUI

IL CDL defense lawyerDriving a commercial vehicle is a difficult endeavor and requires specialized training and licensing. Furthermore, once granted a Commercial Driver’s License (CDL), those who drive commercial vehicles are also held to a higher standard than other motorists, so what would amount to a relatively minor traffic violation for a regular driver, could represent a serious offense for a CDL holder. The penalties for violating a CDL provision also tend to be severe, so if you drive a commercial vehicle and your CDL has been suspended, you should call a dedicated Will County CDL violations defense lawyer who can help protect your legal interests.

Legal BAC Limits

Under Illinois law, a driver is considered to have been driving under the influence if he or she has a blood alcohol concentration (BAC) of .08 percent or more. The illegal BAC limit for CDL holders, however, is much lower, at .04 percent. Any commercial drivers who are found to have any alcohol in their system whatsoever, no matter how small the amount, will automatically be placed out of service for at least a day.

The Illinois Secretary of State imposes a penalty of a one-year disqualification of a driver’s CDL privileges if:

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Posted on in DUI

IL defense lawyerIllinois drivers whose licenses have been revoked are required to attend a Secretary of State (SOS) hearing before their driver’s licenses can be reinstated. The process of reinstating a license can be complicated, so if your own license has been revoked or you want to obtain a restricted driving permit, it is important to speak with an experienced Aurora driver’s license suspension lawyer who can improve your chances of success.

Informal Hearings

When an Illinois driver’s license is revoked because of a DUI charge, the motorist in question will be required to attend an informal hearing overseen by a hearing officer who will ask for a wide range of information, including:

  • Why the driver’s license was revoked
  • Details about the person’s driving and criminal records
  • Why the motorist needs his or her license back
  • What the petitioner has done to improve his or her behavior
  • Whether the petitioner has obtained treatment for drug or alcohol abuse

The petitioner should also be prepared to provide copies of related documentation, which could include everything from an Alcohol/Drug Evaluation Uniform Report to letters written and signed by family members and friends verifying the petitioner’s abstinence.

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IL CDL defense lawyerDrivers of commercial vehicles are generally held to a higher standard than most motorists due to the fact that the vehicles they operate are so large and are often used to transport dangerous cargo. For instance, those who drive commercial vehicles must obtain a special license (Commercial Driver’s License), satisfy specific training requirements, and comply with both federal and state regulations. Further, drivers who fail to abide by these rules risk losing their CDL driving privileges either temporarily or permanently, depending on the type of moving violation that they commit. It is possible, however, for drivers to have their CDLs reinstated, so if you were recently convicted of a major or serious moving violation, you should speak with an experienced DuPage County CDL violations defense lawyer who can advise you.

Serious Moving Violations

Commercial vehicle drivers who are convicted of a serious violation will not necessarily have their licenses revoked immediately, although second and third violations will result in disqualification for at least 60 and 120 days respectively. The most common serious violations include:

  • Speeding 15 miles per hour or more above the legal limit
  • Driving recklessly
  • Violating a state or municipal law in connection with a fatal traffic accident
  • Having multiple driver’s licenses
  • Making improper or erratic lane changes or following too closely
  • Driving a commercial vehicle without obtaining a CDL
  • Using a prohibited electronic device while operating a vehicle
  • Texting while driving

A commercial driver who was not driving a commercial vehicle at the time of a violation could still face revocation of his or her CDL, but only if the act would also result in a suspension of the driver’s non-commercial driving privileges.

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IL defense lawyerMotorists who commit certain traffic offenses face serious penalties, including hefty fines and restrictions on their driving privileges. Those who have been convicted of driving under the influence (DUI), for example, could end up with their driver’s license suspended or revoked indefinitely. Fortunately, it is possible to have your license reinstated, although the process of doing so can be complicated, so if your own license was recently suspended or revoked, you should speak with an experienced Naperville driver's license suspension lawyer who can walk you through the process of reinstatement.

Summary Suspension

Drivers who are arrested for driving under the influence and are found to have a Blood Alcohol Concentration (BAC) of .08 or who are under the influence of a controlled substance will have their driver’s license suspended for between six to twelve months. This is known as a statutory summary suspension and will only terminate once the period of suspension has elapsed and the driver has paid the necessary $250 reinstatement fee. Fortunately, first-time offenders could also be eligible for a Monitoring Device Driving Permit, which allows motorists to drive during their period of suspension as long as their car is equipped with a Breath Alcohol Ignition Interlock Device (BAIID).

Driver’s License Revocation

Drivers who are convicted of driving under the influence will have their licenses revoked for at least a year, even for a first offense. Second offenses, on the other hand, come with a five year revocation period, while third offenses are punishable by a ten-year revocation. Drivers must also satisfy a number of requirements before they can seek reinstatement of their license, including:

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IL defense lawyerAs parents, we all want to protect our children. We all fear for the safety and wellbeing of our children. Unfortunately, in some cases, our children make poor decisions that can negatively impact their future. Every year, thousands of minors are charged with underage drinking in the state of Illinois. While many people think that these decisions will only come with limited legal ramifications, the truth is that a serious alcohol charge can impact your child’s employment and advanced education opportunities. Below we will examine the consequences of underage drinking and how they can ultimately impact your child.

Understanding the Impact of a Charge

First and foremost, it is important to understand that even the most minor of underage drinking charges can result in serious legal ramifications. In the state of Illinois, the purchase, consumption, or possession of alcohol as a minor constitutes a Class A misdemeanor charge as well as a $500 fine. It is also important to note that this charge will also lead to a mandatory three-month license suspension, even for a first-time offender. If a minor is using a fraudulent state ID to purchase or consume alcohol, they can face even more serious consequences. According to the Illinois Liquor Control Commission, use of a fraudulent Illinois ID can constitute Class 4 felony charges. In both cases, a minor’s future can be compromised due to one criminal conviction.

If a minor chooses to drink, it is not uncommon for them to make the poor decision to get behind the wheel of a car. Unfortunately, a DUI conviction will result in loss of driving privileges, significant fines, as well as Class A misdemeanor charges. The true impact of a charge of this magnitude cannot be understated. A child with a misdemeanor or felony on their criminal record will face difficulties securing employment or further academic opportunities.

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