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IL defense lawyerEven if you do not have a legal background and have never been arrested for DUI, you know that the sanctions for drunk driving in Illinois are harsh. A Secretary of State publication outlines the penalties for a first-time DUI, which is a Class A Misdemeanor punishable by up to 364 days in jail and a maximum fine of $2,500. Plus, besides being a crime, driving while intoxicated can lead to a driver’s license suspension and/or revocation. As with other offenses, subsequent offenses mean stiffer penalties and possibly even felony charges.

However, when reviewing the criminal punishment and administrative sanctions for drunk driving, you may not consider other effects that can be extensive. Once you realize the far-reaching implications, you understand how important it is to retain a skilled Naperville DUI defense attorney for assistance. A few of the collateral consequences include:

Employment and Employability: A driver’s license suspension could affect your occupation if it directly involves driving or you need to travel to complete job-related tasks, such as for a position in sales. In addition, there are additional implications for your employment:

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IL defense lawyerIn Illinois, commercial drivers are held to a higher standard than most motorists. Similarly, commercial driver’s license (CDL) holders are also subject to more severe penalties when charged with a traffic violation, or when accused of driving under the influence. These penalties are notoriously harsh, so if you were recently arrested for driving under the influence in Illinois, it is important to speak with an Aurora CDL violations defense lawyer about your legal options as soon as possible.

Suspension of CDL Privileges

DUI cases in Illinois can be broken down into two separate phases: the Statutory Summary Suspension of a person’s license and the criminal proceedings for driving under the influence. Either one of these stages of a DUI case can impact a person’s CDL driving privileges. For instance, the Secretary of State imposes a minimum one-year disqualification of all CDL driving privileges if a driver submits to and fails a BAC test, or refuses testing altogether. The same penalty can be imposed on those who are actually found guilty of, or who plead guilty to, a criminal DUI charge, regardless of whether the judge convicted the defendant or ordered court supervision.

This is because an order of court supervision, which prevents license consequences for those with regular driving privileges, still results in a one-year disqualification for CDL holders. In fact, if a person receives a second DUI that results in a Statutory Summary Suspension or a finding of guilt, he or she will be disqualified from holding a CDL for life.

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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 DUI LawyerEvery single year thousands of Illinoisans are arrested for driving under the influence of drugs or alcohol. Due to the sheer number of annual drunk driving accidents as well as the recent legalization of recreational marijuana, law enforcement officials are increasingly on the lookout for signs of inebriated driving. While most people that a DUI charge will automatically result in a conviction, the truth of the matter is that a skilled defense attorney can be invaluable in helping you avoid a conviction. If you are facing DUI charges, it is time to speak with a criminal defense attorney you can believe in.

Improper Traffic Stops

In order to be pulled over for a DUI traffic stop, a law enforcement official must spot an initial traffic violation. If a police officer pulls you over while you were in full compliance with traffic ordinances, the evidence gained after the stop may be deemed inadmissible in court. A skilled attorney will investigate the traffic stop through witness testimony and surveillance footage to deem if the actions of the officer match up with the events leading up to the stop.

False Signs of Inebriation

In some instances, a police officer will misidentify signs of inebriation. For example, red or puffy eyes could be seen as a sign of intoxication, but could actually be due to a medical condition or allergic reaction. The same notion applies to slurred speech and other motor skill challenges, the defendant may be facing due to a medical condition. Recounting every step of the arrest process to your attorney is critically important in helping them build a strong defense case. If you have any medical conditions that may have represented false signs of intoxication, let your attorney know immediately.

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