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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.

1. There is a difference between a driver’s license revocation and suspension.

A starting off point for reinstatement is understanding this distinction and how it applies to your driving privileges. A suspension is a temporary loss of your license for a designated time, at which point you can pay the required fees and have your privileges reinstated. Revocation is an indefinite termination of your driving privileges, where you can only seek reinstatement when you become eligible – i.e., you served the minimum period of revocation.

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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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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.

This is because an order of court supervision, which prevents license consequences for those with regular driving privileges, still results in a one-year disqualification for CDL holders. In fact, if a person receives a second DUI that results in a Statutory Summary Suspension or a finding of guilt, he or she will be disqualified from holding a CDL for life.

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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.

Formal hearings must be requested by petitioners, and once scheduled, are conducted by a hearing officer and a representative, both of whom act on behalf of the Secretary of State. These individuals are tasked with deciding whether a petitioner is a risk to the public, or whether he or she is suffering an undue hardship as a result of the loss of his or her driving privileges.

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Posted on 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.

The Illinois Secretary of State imposes a penalty of a one-year disqualification of a driver’s CDL privileges if:

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