Posted on February 26, 2021 in DUI

The Illinois Secretary of State’s office recently released its 2021 DUI Fact Book and, though the figures from last year have yet to be tallied, there are some surprising statistics on drunk driving offenses in 2019. More than 26,200 people were arrested for DUI, 90 percent of whom lost their driving privileges as a result of an administrative suspension or revocation. Plus, many others were convicted for drunk driving through the criminal process. Though the details vary, penalties include a jail term of up to one year, fines, and others.

Another interesting statistic revealed by the Fact Book is that 86 percent of all individuals arrested for drunk driving are first-time offenders. Therefore, there is a good chance that you never had reason to retain legal counsel – and may not believe that it is even necessary. If you are on the fence about hiring an experienced DUI defense attorney, these four reasons should convince you.

Continue Reading ››

 Posted on February 16, 2021 in DUI

There are many reasons a person might have their driver’s license suspended or revoked in Illinois, such as for DUI, accumulating points on your driving record, or being cited for specific traffic offenses. Because losing your driving privileges is an administrative matter, your case will proceed according to a very specific process: A formal or informal administrative hearing before the Illinois Secretary of State. The two proceedings are distinct and apply in different situations, the nature of which depends upon the traffic violation, your driving record, and many other factors.

The details involved with either type of proceeding are extremely complex, yet they can have very profound implications for your driver’s license. Therefore, it is wise to trust a Secretary of State hearings lawyer to represent you and protect your interests. You can also read on for some basics in comparing formal and informal administrative hearings in Illinois.

Continue Reading ››

 Posted on January 29, 2021 in DUI

Illinois DUI laws are tough, imposing severe penalties that aim to discourage drunk driving and protect public safety. One of the harshest – and most common – forms of punishment is a driver’s license suspension or revocation. Statistics from the Illinois Secretary of State’s Office reveal that 90 percent of all motorists arrested for DUI will lose their driving privileges. The personal and professional implications can be extensive, so you will want to get your license back as quickly as possible.

Unfortunately, the driver’s license reinstatement process can be extremely complex. You could struggle for months trying to decipher the complicated statutes and court proceedings, during which time you are unable to get around. Therefore, it is critical to retain an Aurora driver's license reinstatement lawyer for legal help. You might also benefit from reviewing a few facts about reinstating your driving privileges after an Illinois DUI.

Continue Reading ››

 Posted on January 15, 2021 in DUI

Even 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:

Continue Reading ››

 Posted on December 30, 2020 in DUI

In 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.

Continue Reading ››

 Posted on December 17, 2020 in DUI

Drivers whose licenses have been suspended due to multiple DUI convictions are required to attend a formal Secretary of State hearing before their license can be reinstated. Preparation is key to the outcome of these types of hearings, as petitioners will be required to comply with a host of complicated legal rules, so if your license was recently suspended after being arrested for a DUI, it is important to speak with an experienced Naperville driver’s license suspension lawyer who is well-versed in these rules and procedures and can give your claim the best possible chance of success.

Formal Secretary of State Hearings

The Secretary of State’s office conducts two types of hearings for those seeking reinstatement of their driving privileges after revocation or suspension arising from a DUI conviction: informal hearings and formal hearings. While some petitioners are able to resolve their cases through informal proceedings, most are required to go through the formal hearing process, especially if they have multiple DUI convictions on their record.

Continue Reading ››

 Posted on November 15, 2020 in DUI

Driving 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.

Continue Reading ››

 Posted on November 15, 2020 in DUI

Illinois 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

Continue Reading ››

 Posted on October 30, 2020 in Traffic Violations

Drivers 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:

Continue Reading ››

 Posted on October 15, 2020 in DUI

Motorists 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).

Continue Reading ››