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Recent Blog Posts

How Traffic Tickets Can Lead to a Driver’s License Suspension in Illinois

 Posted on March 30, 2021 in Traffic Violations

Il defense lawyerMotorists tend to associate driver’s license suspensions and revocations with drunk driving offenses, and it does seem logical that such a harsh penalty would result from a serious traffic violation. However, the Illinois Secretary of State (IL-SOS) provides for many other ways you might lose your driving privileges. Generally, when you get a traffic citation, points are added to your driving record. If you reach a certain level, IL-SOS will suspend your driver’s license for a number of months that corresponds to the total points you accumulated.

Still, this basic description overlooks some of the very important details involved when moving or non-moving violations impact your driving privileges. You can obtain these specifics by consulting with an Aurora, IL traffic tickets attorney, but it is worthwhile to be aware of how traffic tickets can lead to a driver’s license suspension.

Traffic Violations and Illinois’ Points System

To protect the public and discourage repeat traffic offenses, Illinois law provides for sanctions beyond the fine you might receive for a citation. Therefore, every time you are ticketed, a designated number of points is added to your driving record maintained by IL-SOS. The more serious the infraction, the higher the number of points. For example:

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Three Things You Did Not Know About a First-Time DUI Offense in Illinois

 Posted on March 15, 2021 in DUI

IL DUI lawyerIf you were arrested on drunk driving charges for the first time in Illinois, it is essential to get up to speed right away on what to expect through the proceedings. Initially, you should understand that state laws are quite expansive on when a person is considered to be driving under the influence: Illinois’ DUI statute covers situations when a driver is legally drunk, impaired by the consumption of drugs, or a combination of the two. In addition, now that marijuana is legal for recreational purposes, the law was recently updated to include motorists who test positive for THC within two hours of driving.

However, beyond these basic concepts, there is probably a lot you do not know about a first offense for drunk driving. You can trust the details to an experienced Naperville first DUI defense lawyer, but there are a few things you may not yet know about the situation you are facing.

Your Blood Alcohol Content (BAC) Is Not the Only Factor

As Illinois law applies to drunk driving, as separate from the presence of controlled substances, there are actually multiple ways you can be charged with DUI:

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Four Reasons to Hire a DUI Defense Lawyer for an Illinois Drunk Driving Case

 Posted on February 26, 2021 in DUI

IL defense lawyerThe 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.

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What Is the Difference Between Formal and Informal DUI Hearings in Illinois?

 Posted on February 16, 2021 in DUI

IL DUI lawyerThere 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.

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Four Quick Facts About Reinstating Your License After an Illinois DUI

 Posted on January 29, 2021 in DUI

IL DUI lawyerIllinois 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.

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Collateral Consequences of an Illinois DUI Conviction

 Posted on January 15, 2021 in DUI

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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What Are the DUI Penalties for Illinois CDL Holders?

 Posted on December 30, 2020 in DUI

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.

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Preparing for Your Driver’s License Hearing with the Secretary of State

 Posted on December 17, 2020 in DUI

IL defense lawyerDrivers 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.

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Illinois CDL Alcohol-Related Violations

 Posted on November 15, 2020 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.

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Attending a Secretary of State Hearing

 Posted on November 15, 2020 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

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