1555 Bond Street, Suite 103A
Naperville, IL 60563

Se Habla Español
Call Today for a Free Consultation

Call Us630-448-2001

Subscribe to this list via RSS Blog posts tagged in DUI arrest

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IL defense lawyerIllinois drivers whose licenses have been revoked are required to attend a Secretary of State (SOS) hearing before their driver’s licenses can be reinstated. The process of reinstating a license can be complicated, so if your own license has been revoked or you want to obtain a restricted driving permit, it is important to speak with an experienced Aurora driver’s license suspension lawyer who can improve your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  • Why the driver’s license was revoked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

...

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:

...

IL DUI lawyerIn the state of Illinois, thousands of people are arrested and charged with driving under the influence of drugs or alcohol, each and every year. According to Illinois state law, a DUI conviction constitutes a Class A Misdemeanor charge. Unfortunately for those charged with driving under the influence, there are a number of factors that can lead to a DUI charge being elevated to a felony, these factors are known as aggravating factors. Below we will examine some of the reasons why you could be facing felony charges after driving under the influence of drugs or alcohol.

What Constitutes an Aggravated DUI

If a DUI charge is elevated from a misdemeanor to a felony, it is now categorized as an aggravated DUI. The most common reason for an aggravated DUI charge is that the defendant is facing their third or subsequent DUI charge. Other common aggravating factors include a DUI resulting in great bodily harm to another party, driving under the influence while your license is suspended or revoked due to previous DUI charges, and driving under the influence without a valid driver’s license. A new state law passed in January 2019 states that a driver can be charged with an aggravated DUI if they are apprehended while driving the wrong direction down a one-way street, while intoxicated.

The Impact of an Aggravated DUI

While any DUI charge should be taken seriously, an aggravated DUI can drastically impact a person’s life. First and foremost, having a felony charge on your criminal record can significantly diminish one’s ability to secure housing, employment, and even loans. Secondly, a mandatory prison sentence cannot be reduced or suspended when a person is facing felony DUI charges. For those that need to drive their vehicle in order to get to work or drop their children off at school, an aggravated DUI conviction will likely result in a 10-year license revocation. If you are facing felony DUI charges, it is critically important to speak with a knowledgeable legal professional.

...

Posted on in DUI

IL DUI lawyerDriving under the influence of drugs or alcohol can seriously impact a person’s ability to safely operate a vehicle. Because of this, the potential ramifications of a DUI conviction are significant. If you have been charged with driving under the influence, it is important to act quickly. The most important step you can take when facing DUI charges is hiring an experienced legal professional that you can believe in.

The Legal Consequences

In the state of Illinois, a DUI conviction constitutes a Class A misdemeanor charge. If convicted, the guilty party may face up to one year in prison, as well as fines up to $2,500. A first-time DUI offender will likely have the choice of spending a mandatory ten days in jail or 30 days of community service hours. The offender will also face a one-year license revocation period. A conviction of this magnitude can result in job loss, depending on the party’s occupation.

The Cost of a Conviction

Outside of the legal ramifications of a DUI conviction, a DUI can cost a person financially.

...

Posted on in DUI

IL DUI lawyerIn the state of Illinois, more than 26,000 drivers were arrested for driving under the influence of drugs or alcohol, throughout 2018. While a standard DUI conviction will constitute a Class A misdemeanor charge, some circumstances can result in felony charges. When a DUI is elevated to a felony, it is legally referred to as an aggravated DUI. Below we will examine some of the most common aggravated DUIs, and the potential legal ramifications of a charge of such magnitude. If you have been charged with driving under the influence, it is time to speak with an experienced criminal defense lawyer.

The Most Common Aggravated DUIs

In the vast majority of cases, a DUI will be elevated to an aggravated DUI due to increased level of negligence. It is important to note though, that a third or subsequent DUI charge will automatically be elevated to an aggravated DUI. A driver that is charged with their third DUI will face Class 2 felony charges. A DUI resulting in great bodily harm to another party will also result in felony charges, even if the charge is the driver’s first alcohol-related traffic violation. It should be noted that a person charged with a DUI resulting in injury will face a minimum two-year license revocation period.

In other cases, a person can face felony DUI charges for failing to comply with Illinois state law prior to getting behind the wheel. If a driver is charged with driving under the influence and fails to present a valid driver’s license or permit, or lacks proper vehicle liability insurance, they will face Class 4 felony charges.

...
Illinois State Bar Association DuPage County Bar Association Kane County Bar Association Hispanic Lawyers Association of Illinois
Law Office of Patricia Magaña, LLC

1555 Bond Street, Suite 103A, Naperville, IL 60563

Back to Top