Posted on January 29, 2019 in License Reinstatement

The United States Constitution guarantees many rights for American citizens, such as the right to free speech, to protest, and to bear arms. Though many people think driving is a right, it is not. It is a privilege. There is nothing that guarantees your right to drive a vehicle. 

In Illinois, there are multiple ways you can lose your license, some that have nothing to do with moving violations. Before a driver’s license suspension, the Illinois Secretary of State will send you a written notice in the mail. 

Here are a few ways you can lose your driving privileges in Illinois:

Driving While Intoxicated

The most common way Illinois residents lose their driving privileges is through a DUI arrest. As a first-time offender in Illinois, if you fail a chemical test or fail to complete a test, you will have your driving privileges suspended for six months by the Illinois Secretary of State’s Office. If you refuse to take a chemical test, your license will be suspended for 12 months. These are penalties for statutory summary suspensions, but being convicted of DUI can carry increased penalties.

Continue Reading ››

 Posted on January 15, 2019 in DUI

Popular television shows like “Cops” have long shown amusing videos of DUI suspects attempting to recite the alphabet or walk in a straight line. While these TV shows have tried to entertain us with failed attempts to complete field sobriety tests during DUI traffic stops, neither DUIs or field sobriety tests are laughing matters. These tests are administered to DUI suspects as evidence to support an arrest and they can also be used as evidence in the court of law when a person is being tried for a DUI. 

Standardized vs. Non-Standardized Tests

When it comes to field sobriety tests, there are two types: standardized and non-standardized. Most police forces use a combination of both types of tests, though standardized tests are the most widely accepted. Standardized tests are also usually the only tests that hold up as evidence against a DUI suspect in court. In the 1970s, the three standardized field sobriety tests were developed. Over the years, these tests have been studied, and it has been determined that standardized field sobriety tests can detect if a person is too impaired to drive around 90 percent of the time.

Continue Reading ››

 Posted on December 19, 2018 in Juvenile

As a parent, you have dreaded this day since the first time you handed your teenager the car keys and they took off without you. Getting a call that your teen is in trouble is always unsettling, no matter the situation. When that call is to inform you that your teen has been pulled over for drinking and driving, it can be devastating for both of you. 

Even though parents frequently stress the dangers of underage drinking and driving to their children, kids do not always listen, and parents are left to deal with the repercussions. Underage DUI can severely impact your child’s driving and criminal records. That could mean not getting into the college of their choice or other serious complications.

DUI Consequences in Illinois

Even though your teen is technically not an adult yet, they can be charged with an “adult” DUI if their blood-alcohol content is over .08. A first DUI conviction means license suspension for at least two years, vehicle registration suspension, and fines of up to $2,500. Your teen will not be eligible for a restricted driving permit (RDP) until the second year of the license revocation. Offenders under the age of 18 are not eligible for a monitoring device driving permit (MDDP) and may be required to attend remedial education before their driving privileges are reinstated.

Continue Reading ››

 Posted on December 06, 2018 in Uncategorized

There are many reasons why Illinois citizens can lose their driving privileges. The most common way is an arrest or conviction for DUI. Even if you do not earn a DUI conviction, an Illinois police officer can issue a notice of statutory summary suspension for your driver’s license if you fail a blood-alcohol content test, are unable to complete one or refuse to take a chemical test. The suspension goes into effect on the 46th day after your arrest, and lasts for six months to a year, depending on your circumstances. You may petition to get your driving privileges reinstated by using one of the following two driving permits available to you:

Monitoring Device Driving Permit (MDDP)

These driving permits are typically only available to first-time DUI offenders, but if you have not had a summary suspension within the past five years, you may still be eligible. An MDDP allows you to drive freely during your summary suspension, but you must have a breath-alcohol ignition interlock device (BAIID) installed in any vehicle you drive. After you complete the application for the MDDP, you must return it to the Secretary of State’s office, which will then give you 14 days to have a BAIID installed. 

Continue Reading ››

 Posted on November 20, 2018 in DUI

Everyone knows a DUI conviction can get you into big legal trouble. In Illinois, a first-time conviction for DUI is classified as a Class A misdemeanor, and you could face up to a year in jail, a one-year revocation of your driving privileges, and suspension of your vehicle registration. If you were under the age of 21 at the time of the DUI, your driving privileges could be revoked for two years. If your blood-alcohol content was recorded at .16 or more, you face a mandatory minimum fine of $500 and 100 hours of community service. 

A DUI conviction also comes with other expenses that can affect many areas of your life:

Insurance

After a DUI conviction, insurance companies consider you a high-risk driver, and you must get high-risk car insurance for at least three years. At around $2,000 a year, that is $6,000.

Income Loss

If you are charged with DUI, chances are you will miss some work. The State of Illinois estimates you will lose about four weeks worth of pay due to community service or jail time, evaluations, and other requirements. Someone who makes $55,000 a year could lose $4,230.

Continue Reading ››

 Posted on November 06, 2018 in DUI

Being able to drive legally is a privilege, not a right. When you are arrested for a DUI in Illinois, the Secretary of State’s Office automatically puts a statutory summary suspension into effect if you fail a blood alcohol content (BAC) test, or if you refuse to submit to a test. This suspension is separate from any criminal charges you might face, or suspension/revocation that may come with those charges. 

Driving is crucial for most Americans, so the loss of driving privileges can greatly impact your life. It can mean a tougher time getting to work or transporting your children to school or their activities. Fortunately, Illinois has options for those who have had their driver’s license suspended or revoked because of a DUI charge. All of them require the use of a breath alcohol ignition interlock device (BAIID).

Continue Reading ››

 Posted on October 29, 2018 in Traffic Violations

Individuals who hold a commercial driver’s license (CDL) are often held to a higher standard on the road - and for good reason. Most of the time, commercial motor vehicles (CMVs) are very large and can do a lot more damage to property and other vehicles when they are involved in a collision. This is why there are certain actions that can result in the disqualification of a CDL. Some of these actions are illegal no matter what type of license that a driver holds, but many are also specific to CMVs. 

Losing a CDL can affect you differently than losing your personal driver’s license. If you have made a career out of operating a CMV, your job and finances could suffer greatly if you are disqualified from holding a CDL. The Federal Motor Carrier Safety Administration (FMCSA) has developed guidelines for how CDL violations are categorized and how they are punished.

Continue Reading ››

 Posted on October 08, 2018 in License Reinstatement

There are several DUI-related reasons why you could lose your driver’s license in Illinois - you could have been pulled over for a suspected DUI and refused chemical testing for your BAC, you may have failed a chemical test (meaning your BAC was .08 or greater), or you could have been convicted of a DUI. 

Regardless of why you lost your driving privileges, before your license can be reinstated, you must attend a license reinstatement hearing at the Illinois Secretary of State’s Office, where your case will be examined by a hearing officer. There are two types of hearings that the Office conducts: formal and informal. The type of hearing that you must attend is entirely dependent on the nature of the suspension or revocation. Each type of hearing has different requirements, which is why it is important to be prepared and know which type of hearing you will be required to attend.

Continue Reading ››

 Posted on September 24, 2018 in DUI

Being charged for driving under the influence (DUI) is upsetting enough, no matter the circumstances surrounding the arrest. However, if you are arrested for drunk driving with a child in the car, the trouble multiplies. Under Illinois law, DUI with a passenger under age 16 in the vehicle carries additional penalties, including fines and community service. 

First-Time DUI Charge With Passenger Under Age 16

A first-time DUI offender generally has a good chance of being granted court supervision. During the supervision period, which typically lasts one year or more, they will be required to attend a drug/alcohol education course and probably perform community service. They usually will not have to pay a large fine or serve time in jail. At the end of the supervision period, as long as they meet all the requirements set by the judge, their case will be dismissed, and they will not have a DUI conviction on their record.

Continue Reading ››

 Posted on September 12, 2018 in DUI

The day after you are arrested for driving under the influence can be tough. You may still feel a bit dazed after being arrested, tested, and processed.

Just remember this: an arrest, even with a failed alcohol or drug test, is not a guaranteed conviction, especially if this was your first DUI arrest. With the help of an experienced DUI defense attorney, you have a good chance of reaching a favorable outcome.

It is crucial that you start working on your defense right away. A successful DUI defense not only depends on your attorney but also on you. The more prepared and organized you are, the better.

Here are some tips to help you prepare for the first meeting with your defense attorney:

Continue Reading ››