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).

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.

Major Offenses

Certain offenses are more serious than others, and major offenses typically have the most serious penalties, with first time offenders receiving a one-year disqualification. Major offenses include:

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.

Informal Hearings

Like their name suggests, informal hearings are not as intense as formal hearings. You can attend an informal hearing to have your license reinstated if:

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.

However, the State will typically impose heavier penalties if a DUI involved a passenger under age 16. A first conviction for DUI committed while transporting a child carries the following additional penalties:

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.