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Need to Drive During Your Statutory Summary Suspension? You May Qualify for a Monitoring Device Driving Permit

 Posted on March 24,2022 in DUI

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.

How an MDDP Can Get You Back on the Road Legally

If you lost your license pursuant to a DUI arrest but you still need to drive, you may be able to get a Monitoring Device Driving Permit (MDDP). This permit allows you to drive before the suspension period is over. You will be required to get a Breath Alcohol Ignition Interlock Device (BAIID) installed in the vehicle as a condition of the permit. The BAIID is like a breathalyzer. You will have to blow into the device and show that there is no alcohol on your breath to start the car. Only first-time DUI offenders with valid driver’s licenses are eligible for an MDDP.

Contact a Naperville DUI Defense Lawyer

Will County criminal defense attorney Patricia Magaña can help you understand all of your rights and responsibilities after a DUI arrest. Ms. Magaña has extensive experience in both DUI defense and driver’s license reinstatement. Call our office at 630-448-2001 for a free consultation. Se Habla Español.




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