Naperville, IL 60563
Se Habla Español
Call Today for a Free Consultation
630-448-2001
Recent Blog Posts
What Are the DUI Penalties for Illinois CDL Holders?
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.
Illinois CDL Alcohol-Related Violations
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.
Attending a Secretary of State Hearing
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
Eligibility for Driver’s License Reinstatement After a 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).
Why You Need to Hire an Attorney After a CDL Violation
Commercial truck driving is one of America’s largest and most critical industries. Commercial truck driving is a crucial part of our lives but does come with some inherent risks. Due to the sheer size of commercial trucks, they are more difficult to operate and collisions tend to be increasingly destructive. It should come as no surprise that more than 4,000 people died in commercial trucking accidents throughout 2018 alone. Because of this, law enforcement officials are cracking down on commercial truck driving negligence. If you have been cited for a CDL violation, it is time to seek out a knowledgeable defense attorney.
Most Common Forms of Truck Driver Negligence
When a truck driver is cited for a CDL violation, it is critically important to act quickly. In the United States, the most common CDL violations include drinking and driving, speeding, recklessly passing other vehicles, and other forms of reckless driving. It is also important to note that some violations that can result in a CDL violation may not be the fault of the driver. In some instances, a company will improperly load or care for a vehicle leaving the driver with an overloaded or improperly maintained vehicle. Regardless of the reason behind your CDL violation, hiring an attorney you can trust is critically important.
How a Criminal Defense Attorney Can Help Your DUI Case
Every 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.
The Consequences of an Illinois Marijuana Charge
In the state of Illinois, thousands of people are arrested for drug-related crimes statewide each and every year. While the high arrest totals may suggest minimal criminal ramifications, the reality is that a drug charge can impact your employment status, lead to significant fines, and possibly result in jail time. Despite the fact that recreational marijuana is now legal in Illinois, a person can still face legal consequences for violating the rules outlined in the Cannabis Regulation and Tax Act. Below we will examine various drug charges in Illinois, and the importance of hiring a defense attorney you can believe in when facing charges of this magnitude.
Marijuana Charges in Illinois
As mentioned above, a person can still face marijuana-related charges in the state of Illinois. While it is legal for Illinois residents to possess up to 30 grams of marijuana (non-residents can possess up to 15 grams) possessing more than 30 grams is still considered a serious offense. According to Illinois state law, if you are apprehended while possessing between 30 and 100 grams of marijuana, you will face misdemeanor charges, fines up to $2,500 and up to one year in prison. It should be noted that a repeat offender will face increasingly severe consequences. Unlicensed sale of more than 10 grams of cannabis is considered a felony in the state of Illinois. If convicted, a person charged with unlicensed selling of marijuana will face one to three years in prison and fines up to $25,000.
How a DUI Charge Can Be Elevated to a Felony
In 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.
How Serious Is a Reckless Driving Charge in the State of Illinois
Every year thousands of Illinoisans suffer severe injuries in motor vehicle collisions. Unfortunately, many of these collisions are caused by the negligent actions of a driver. Because of this, law enforcement officials throughout the state are constantly on the lookout for signs of negligent or careless driving. In the state of Illinois, a reckless driving charge can come with serious legal ramifications. If you have been charged with reckless driving, it is time to speak with a knowledgeable legal professional.
What Is Reckless Driving?
Illinois’ reckless driving law is defined under the Illinois Vehicle Code, in statute 625 ILCS 5/11-503. The statute states that reckless driving is the act of willfully disregarding the safety of other travelers. The most common examples of reckless driving in the state of Illinois, including driving over 35 mph over the legal speed limit, recklessly swerving from lane to lane without signaling, and using an incline to become airborne on a roadway. The consequences of a violation of this magnitude should not be understated.
Fighting Against a CDL Violation Caused by Employer Negligence
Being a commercial truck driver can come with some serious potential complications and risks. Commercial truck drivers are asked to drive day and night, through inclement weather, in vehicles that can weigh up to 30 times as much as standard motor vehicle collisions. Recognizing the inherent risks of commercial truck driving, it should come as no surprise that law enforcement officials are on the lookout for drivers violating commercial trucking laws. Unfortunately, many truck drivers are pressured by their employers to violate these mandates. If you have been charged with a CDL violation, it is time to seek out the assistance of a knowledgeable legal professional.
Experiencing Employer Pressure and Negligence in the Trucking Industry
While many CDL violations, such as driving under the influence of drugs or alcohol and reckless driving, are directly the fault of the driver, many other violations can be caused by employer negligence or recklessness. Unfortunately, it is not uncommon for commercial trucking companies to pressure their employees into acting negligently, in order to expedite the shipping process. One common example of this is companies asking their drivers to falsify their driving logs in order to drive for more consecutive hours than is legally allowed. Falsifying an electronic driving device can potentially result in a CDL suspension or permanent revocation, as well as possible jail time.
1555 Bond Street, Suite 103A, Naperville, IL 60563
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
