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Kane County DUI Defense LawyerDriving under the influence of alcohol, leaving the scene of an accident resulting in injury, drag racing, and other criminal offenses can result in the revocation of a person’s driver’s license. Unlike a driver’s license suspension, driver’s license revocation is indefinite. You cannot simply pay a fine and get your license back after the suspension period is over. To reinstate a revoked license and regain driving privileges, you will need to attend a formal or informal Secretary of State hearing.

Informal Secretary of State Hearings

If you were arrested for a first-time DUI offense, you will likely be able to attend an informal Secretary of State hearing. Informal hearings are held at DMV locations throughout the state. You do not need to schedule the hearing in advance. Informal hearings are held on a walk-in basis. You will meet with a hearing officer for the Secretary of State and demonstrate to the hearing officer that you have taken the required steps to reinstate your license.

The steps you must take to reinstate your driver's license depend on the results of your drug and alcohol evaluation, criminal history, and driving record. Someone with only one DUI on their record and no signs of alcohol dependance may only need to attend 10 hours of DUI risk education classes to qualify for reinstatement. On the other hand, someone suffering from alcoholism or alcohol dependency may need to complete dependency treatment or substance abuse treatment before they can get their license back.

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Kane County Criminal Defense LawyerDriving under the influence of alcohol is a criminal offense punishable by significant penalties in Illinois. DUI offenders are subject to driver’s license revocation, expensive fines, vehicle impoundment, and even jail time in certain situations.

Alcohol breath tests, often referred to as breathalyzers or intoximeters, measure the amount of alcohol on a driver’s breath. The results of a breath test are often a crucial component in a DUI case. Consequently, many people wonder if they can refuse to take an alcohol breath test. This blog will explore the advantages and disadvantages of refusing a breathalyzer in Illinois.

Understanding the Two Types of Breath Tests in Illinois DUI Cases

There are two types of breath alcohol tests used in Illinois drunk driving cases. When a police officer suspects a driver of drunk driving, the officer may ask the driver to take a roadside breath test. The subject is asked to blow into the device, and the device displays the driver’s blood alcohol content (BAC) on a screen. If the driver’s BAC is above 0.08 percent, the driver is arrested for DUI. These small,  handheld testing devices are called preliminary breath tests. The purpose of a preliminary test is to give police officers probable cause for a DUI arrest. The results of preliminary tests are not used as evidence in a DUI case.

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DuPage County Traffic Violation LawyerIn Illinois, drunk driving is penalized by both administrative and criminal consequences. If you were convicted of driving under the influence (DUI), you may face fees and jail time. Your driver’s license may also be revoked. Once your license is revoked, it is illegal to drive. Driving with a revoked license can lead to further criminal penalties. Fortunately, you may be able eligible for a Restricted Driving Permit.

A Restricted Driving Permit May Get You Back on the Road Legally

Losing the ability to drive can be a major burden. Most people drive multiple times a day to go to work, transport their kids to and from school, attend medical appointments, and more. The most important benefit of a Restricted Driving Permit is that it can get a person back on the road without needing to break the law.

Illinois Recently Updated the RDP Rules

Restricted driving permits used to be more restrictive than they are now. Before 2022, drivers always had to prove that they were experiencing an extreme hardship due to the loss of their driving privileges. However, now, the RDP allows you to drive for up to 12 hours a day, six days a week without needing to prove a hardship exists in certain cases.

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Are Blood Alcohol Tests Always Accurate?

Posted on in DUI

Aurora Criminal Defense LawyerIn Illinois, an individual is considered to be intoxicated by alcohol if he or she has a blood alcohol content (BAC) of 0.08 percent or greater. Breath tests like breathalyzers are just one way of measuring the amount of alcohol in a person’s system. Blood tests, or tests that directly test the amount of alcohol in someone’s blood, are also used in drunk driving cases. Blood tests are often considered more reliable than breath tests. However, many different issues can cause a blood test to be inaccurate.

If you or a loved one were charged with driving under the influence (DUI), it is important to remember that it may be possible to avoid conviction even with a failed blood alcohol test.

Three Major Problems with Blood Alcohol Tests

When police suspect that someone is driving under the influence of alcohol, they may ask the person to complete a field sobriety test or take a breathalyzer test with a handheld device. These tests may provide probable cause for a drunk driving arrest. Once the person is arrested and taken to the police station, they may be subjected to further testing, including a blood test. The blood test may also be given at a hospital.

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Kane County Criminal Defense AttorneyTypically, when someone is arrested for a criminal offense, he or she is not subject to penalties or punishments until he or she is convicted of that crime by a judge or jury. However, drunk driving arrests are different than other types of arrests. If you are arrested for driving under the influence (DUI), you are subject to an administrative penalty in the form of a driver’s license suspension. Once your license is suspended, it is illegal to drive and doing so can lead to additional criminal charges.

If you lost your license due to alleged drunk driving, you may still be able to regain the ability to drive legally through a Monitoring Device Driving Permit (MDDP).

Statutory Summary Suspension of Your Driver’s License After A DUI

Many people do not realize that you can lose your license for drunk driving even if the court ultimately finds you not guilty of drunk driving. A statutory summary suspension is applied when a DUI suspect either fails a chemical breath test like a breathalyzer or refuses to take a chemical test. So, if you blow over a 0.08 percent blood alcohol content (BAC), you could lose your license. Typically, the statutory summary sentence becomes effective 46 days after the DUI arrest. If you have not been arrested for DUI within the last five years, the driver’s license suspension is six months. If you refused chemical BAC testing, the suspension period is one year.

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