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Wheaton DWI defense attorneyLosing your driving privileges after you have been arrested or convicted of a DUI in Illinois is not a difficult task. In fact, for most people arrested for DUI, it is automatic. If you fail a chemical test to determine your blood alcohol content (BAC) or you refuse to take a chemical test, your driver’s license will automatically be suspended by the Illinois Secretary of State’s office. For a majority of Americans, driving is an important privilege, without which they cannot go about their daily lives. The state of Illinois understands this, which is why there are options available to you if you have had your driver’s license suspended or revoked for DUI-related reasons. All options require the use of a breath alcohol ignition interlock device (BAIID), so it is important that you understand what these devices are and how they work.

Understanding BAIIDs

A BAIID is a small breathalyzer device, roughly the size of a cell phone, that requires a breath sample before you can start your vehicle. The BAIID is wired into the ignition system in your vehicle, so it will not allow your vehicle to start unless the BAC of the breath sample you provided is less than .025. If your breath sample registers at .025 or above, your vehicle will not start and your breath sample will be recorded.

While you are driving, the device may randomly prompt you to provide another breath sample to ensure you are staying sober for the entire time you are in the car and that someone else did not perform the test for you when starting the car. The Illinois Secretary of State’s office has remote access to your BAIID and will download your activity every 60 days. If there were any violations that were recorded on the device, the Office will request an explanation of the violations. If you do not respond to the request or your explanation is not sufficient, then you could face further violations.

Will I Need a BAIID?

The short answer is yes. If your driver’s license has been suspended or revoked and you apply to get either a monitoring device driving permit (MDDP) or restricted driving permit (RDP), you will need to have a BAIID installed into any vehicle that you intend to drive during your suspension or revocation period.

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Wheaton IL statutory suspension lawyerIn Illinois, driving while you are under the influence of drugs or alcohol can get you into a lot of trouble. Criminal charges and related consequences are not the only things that you can look forward to after you are arrested for DUI. In certain situations, you can also face administrative penalties for a DUI charge, which can affect your day-to-day life without even being convicted of a crime. The most notorious administrative penalty for DUI is what is called a statutory summary suspension. This can affect your ability to freely drive following a DUI arrest and can make your life more difficult than it needs to be. Statutory summary suspensions can be fought, but it takes a knowledgeable Illinois DUI lawyer to succeed in a case.

What Is a Statutory Summary Suspension?

At its core, a statutory summary suspension is an administrative action that is carried out by the Illinois Secretary of State’s Office that can automatically suspend your driving privileges after you fail, refuse to submit to or fail to complete a chemical test to determine your BAC during a DUI arrest. A statutory summary suspension is an administrative action, meaning it is separate from any other criminal action you may experience.

Implied Consent in Illinois

Most states -- including Illinois -- have implied consent laws, which basically means that any person who holds an Illinois driver’s license and operates a motor vehicle on Illinois roadways has been deemed to have given consent to chemical testing of their breath, blood or urine to determine his or her alcohol concentration.

Failing a Chemical Test

Failing a chemical test to determine your BAC means that your BAC was .08 or more or there were 5 nanograms or more of THC (the active ingredient in marijuana) per milliliter of blood, or a trace of any other drug. Failing a chemical test for a first-time offender means that person will face a six-month driver’s license suspension. If this is the person’s second or subsequent offense within the past five years, they will face a one-year driver’s license suspension.

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Wheaton IL assault charges defense attorneyIn the state of Illinois, all citizens have the right to protect themselves when they feel that they are in danger. This act is called self-defense and can sometimes be a person’s only option if put in situations where there is the threat of harm to oneself, his or her property, or other people. 

Every state has its own laws pertaining to self-defense, Illinois included. Self-defense is commonly used to defend against assault or aggravated assault charges in Illinois, but there are certain things that must be proven in order to successfully claim self-defense. 

Many people are surprised at how difficult asserting this defense can be. If you have been charged with assault or aggravated assault and you believe you acted in self-defense, you should understand Illinois’ laws on the matter and seek qualified legal counsel.

Defending Yourself

According to the Illinois Criminal Code of 2012, using force against another person can be justified if you reasonably believe that your actions were necessary to defend yourself or another person against the use of unlawful force. To prove you acted in self-defense, you must prove that:

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DuPage County aggravated speeding lawyerIn recent years, the state of Illinois has cracked down on speeding. According to the Illinois Department of Transportation, there were over 24,000 speeding citations recorded in 2015. Though speeding is often only a traffic ticket that comes with a fine, there are situations in which a speeding infraction can result in jail time and extensive fines. Though some people may think speeding is a victimless crime, it is not. According to the National Highway Traffic Safety Administration (NHTSA), nearly 10,000 people were killed due to speeding-related traffic accidents in 2017.

Illinois Aggravated Speeding Laws

According to the Illinois Vehicle Code, speeding 26 miles per hour or more over the posted speed limit is considered to be aggravated speeding. This is technically a criminal charge, rather than a traffic violation, which is why the potential consequences for aggravated speeding are more serious than just a fine.

26 mph to 34 mph over the speed limit: If you are caught driving 26 mph over the posted speed limit, but not more than 35 mph over the speed limit, you will be charged with a Class B misdemeanor. This means you could face up to six months in jail, up to two years of probation and up to $1,500 in fines.

35 mph or more over the speed limit: If you are caught driving more than 35 mph over the posted speed limit, you are committing a Class A misdemeanor. This charge carries a possible sentence of up to one year in jail, up to two years of probation and up to $2,500 in fines. If you are facing a speeding charge, a judge can also order that you complete community service or that you attend traffic school.

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DuPage County expungement lawyerThere are many ways you can create a criminal record for yourself. Even if you were not tried or convicted, being arrested or formally charged with a crime creates a criminal record. Criminal records are public records, which means anyone who wants to can see them. A criminal record could be seen by your family, friends, coworkers, banks, credit agencies and current and future employers. Luckily, Illinois allows you to clear your criminal record in a few different ways. There are three types of record clearing in Illinois, and the type you utilize will depend on what you are trying to clear and the outcome of the situation.

Expungement

When most people think about clearing a criminal record, they probably think of expungement. In Illinois, expungement is the process of erasing your criminal record, so it is as if the events on your record never happened. There are limitations to what you can expunge, though. If your arrest resulted in a conviction, you are not eligible for expungement unless the convictions were reversed or vacated or you received a pardon from the governor. You are also not permitted to expunge sentences of court supervision if they are for offenses including reckless driving, driving under the influence or sexual offenses against a minor under age 18.

Sealing

Sealing is an alternate option if you do not qualify to have your criminal record expunged. Though sealing your criminal record does not completely erase your record, it does allow you to hide it from most of the public. Law enforcement agencies will still be able to see sealed misdemeanor and felony convictions. Most convictions are able to be sealed, though there are certain ones that are not eligible for sealing. Convictions that are not eligible for sealing include:

  • DUI;
  • Domestic battery;
  • Public indecency;
  • Soliciting or patronizing a prostitute;
  • Dog fighting; and
  • Any offense that requires registration under the Sex Offender Registration Act.

Executive Clemency

If you are not eligible for expungement or sealing, you may still have a chance at clearing your criminal record. Executive clemency can be granted if you apply for a pardon from the governor and he or she forgives you for your criminal convictions. Being granted a pardon does not automatically expunge your criminal record -- you must still apply for expungement if you are granted a pardon to expunge your record.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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Davi Law Group, LLC handles criminal law matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville.

 

 

 

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