Typically, when someone is arrested for a criminal offense, he or she is not subject to penalties or punishments until he or she is convicted of that crime by a judge or jury. However, drunk driving arrests are different than other types of arrests. If you are arrested for driving under the influence (DUI), you are subject to an administrative penalty in the form of a driver’s license suspension. Once your license is suspended, it is illegal to drive and doing so can lead to additional criminal charges.

If you lost your license due to alleged drunk driving, you may still be able to regain the ability to drive legally through a Monitoring Device Driving Permit (MDDP).

Statutory Summary Suspension of Your Driver’s License After A DUI

Many people do not realize that you can lose your license for drunk driving even if the court ultimately finds you not guilty of drunk driving. A statutory summary suspension is applied when a DUI suspect either fails a chemical breath test like a breathalyzer or refuses to take a chemical test. So, if you blow over a 0.08 percent blood alcohol content (BAC), you could lose your license. Typically, the statutory summary sentence becomes effective 46 days after the DUI arrest. If you have not been arrested for DUI within the last five years, the driver’s license suspension is six months. If you refused chemical BAC testing, the suspension period is one year.

Most people take one or more prescription medications on a daily basis. You may be surprised to know that it is possible to be charged with driving under the influence (DUI) for driving after taking medication – even if the medication was prescribed by a physician and taken legally.

DUI convictions can result in revocation of the offender’s driver’s license, steep fees, and depending on the circumstances, jail time.  If you or a loved one were charged with drunk driving because of prescription medication, contact a DUI defense lawyer for help.

DUI for Doctor-Prescribed Medicine

It is hard to believe that something rightfully prescribed by a doctor can lead to DUI charges. However,  Illinois law states that a driver may be charged with DUI for:

When police officers suspect someone of driving while intoxicated by drugs or alcohol, they may ask the driver to take a field sobriety test. These tests are supposed to help officers determine whether or not a person is intoxicated. If the results of the field sobriety test indicate intoxication, the officer may ask the suspect to take a breath test or “breathalyzer.” The individual may be charged with driving under the influence (DUI) and subject to administrative consequences and criminal penalties. Read on to learn about some of the top questions regarding field sobriety tests in Illinois.

The purpose of field sobriety tests is to help law enforcement determine if there is evidence of impairment. Often, field sobriety test results are used as justification for a DUI arrest. 

Understanding The Three Most Common Tests

• Horizontal Gaze Nystagmus – Alcohol has many different effects on the body. One such effect is an involuntary jerking of the eyeballs. Police may ask a suspect to follow a pen or other object with his or her eyes which they watch for signs of irregular eye movement.

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In Illinois, drivers can lose their licenses for several different reasons. One of the most common reasons for driver’s license suspension or revocation is driving under the influence (DUI). Once your license is suspended or revoked, it becomes a criminal offense to drive any motor vehicle.

A driver’s license suspension eventually ends, and the driver can get back on the road legally. However, getting your driving privileges back after a revocation requires additional steps. You will need to attend either an informal or formal driver’s license reinstatement hearing with a representative from the Illinois Secretary of State (SOS) and demonstrate that you have taken the required steps. The steps you are required to take are largely based on your risk classification.  

Drug and Alcohol Evaluation and Risk Classification

After a DUI arrest, the driver is required to undergo a drug and alcohol evaluation. The purpose of this evaluation is to determine whether the driver has an alcohol or drug addiction and if so, how severe the problem is. The results of this evaluation will be used to classify the driver in one of five main risk categories:

In Illinois, drivers can lose their driving privileges due to a conviction for driving under the influence (DUI), multiple traffic violations, or conviction for a felony offense involving a vehicle. Driver’s license suspensions eventually terminate and the driver can pay a small fee to reinstate their driving privileges. However, once your driver’s license is revoked, the only way to get it back is through a driver’s license reinstatement hearing. Formal hearings are held at one of four Secretary of State locations in Illinois.

Understand the Requirements for License Reinstatement

Formal driver’s license reinstatement hearings are usually required when a driver has been convicted of a serious offense such as a second or third DUI or DUI resulting in death. Attending the hearing alone does not guarantee reinstatement. Depending on the circumstances of the offense, drivers may be required to complete a DUI risk education class, early intervention program, or substance abuse treatment to regain driving privileges. Make sure you understand exactly what is expected of you and complete those requirements before your hearing.

Conduct Yourself in a Professional and Polite Manner

The process of reinstating your license after a DUI or other offense can be complicated and frustrating. However, it is important not to let feelings of frustration or anger get the best of you. One of the best ways you can make a good impression on the Secretary of State hearing officer and prosecutor is to act with professionalism and courtesy. It may seem trivial, but politeness can go a long way in a reinstatement hearing. Showing up late, dressing inappropriately, or using rude language can harm your chances of getting your license back.