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Category Archives: DUI

DuPage County criminal defense attorney license reinstatement

There are many ways that you could lose your driver's license in Illinois, but by far, the most common way Illinois motorists lose their driving privileges is by being arrested and/or convicted of driving under the influence (DUI) of drugs or alcohol. According to the Illinois Secretary of State, there were more than 26,000 DUI arrests across the state in 2018. Of those arrested, 90 percent of the drivers who were eligible to lose their driving privileges did have their licenses suspended or revoked. It can be frustrating to deal with a driver’s license revocation, but it can be even more frustrating to deal with the criminal consequences of driving while on a suspended or revoked license.

Punishments for Illinois Traffic Violations

If your driver’s license has been taken away because of a DUI, obeying that suspension or revocation is not optional. If you choose to drive while your driving privileges have been suspended or revoked, you could face criminal charges that could compound your situation. These include:

  • First offense: The first time you are caught driving with a suspended or revoked license, you may be charged with a Class A misdemeanor. This offense is punishable by up to one year in prison and up to $2,500 in fines. This charge comes with a mandatory jail sentence of at least 10 days or 30 days of community service. In addition to any of those penalties, you also face a suspension of your driving privileges for double the original amount of time. If your license was revoked, you face an additional year of revocation.
  • Second offense:  If you are stopped while driving with a suspended or revoked license a second time, you can be charged with a Class 4 felony. In Illinois, Class 4 felonies carry one to three years in prison and up to $25,000 in fines. However, if the initial suspension or revocation was due to refusing a chemical test, reckless homicide, DUI, or fleeing the scene of a collision involving bodily injury or death, the charge is increased to a Class 2 felony. For this offense, there is a mandatory 30-day jail sentence or 300 hours of community service. In addition, you also will receive a license suspension of double the amount of the original period of suspension or an additional year of revocation.

Contact a Wheaton, IL Criminal Defense Attorney 

Being charged and convicted of a DUI in Illinois can result in serious consequences, including the loss of your driver’s license. Life can become increasingly difficult if you are unable to drive yourself or your family members to work or important appointments. At the Davi Law Group, LLC, we understand how much a driver’s license suspension or revocation can affect your daily life. Our skilled team of DuPage County DUI defense lawyers will help you not only receive temporary driving relief during your suspension or revocation period, but we will also help you reinstate your driving privileges once you are eligible. To learn more and schedule your free consultation, call our office today at 630-580-6373.

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DuPage County criminal defense attorney DUI

According to the Illinois Secretary of State, more than 26,000 DUI arrests took place across the state in 2018. Drunk driving charges are taken seriously in the state of Illinois, as even a first offense could result in jail time. Being arrested for a DUI can be an intimidating experience because of the uncertainty involved, and it often leaves people with many questions. One of the most common queries people have after their DUI arrest is, “Am I still able to drive?” The answer to this question depends on a variety of factors and how you decide to handle your case. Generally, the answer is yes, with a few considerations that must be made.

Your License Will Still Technically Be Suspended

If you were arrested because a police officer suspected that you were driving under the influence, you will most likely face both administrative and criminal penalties. Administrative penalties are different from criminal penalties and can run concurrently and be administered without being convicted of a crime. A DUI arrest typically results in an administrative driver’s license suspension, referred to as a statutory summary suspension. 

When you are taken into police custody on suspicion of DUI, you will be asked to complete a chemical test, typically a breath test, to determine your blood alcohol content (BAC). If you fail a chemical test, meaning your BAC is above the legal limit of .08%, or if you refuse to take the chemical test, you will be subject to a statutory summary suspension. The length of time the suspension will be in effect depends on whether or not you refused the test. If you fail the test, you face a six-month suspension, while a refusal will result in a 12-month suspension.

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Wheaton, IL DUI Defense AttorneyBeing pulled over by a police officer for any reason can be an anxiety-inducing situation. The scenario can be even scarier if you are under suspicion of drunk driving, especially considering how strict the Illinois DUI laws can be. Police officers are trained to recognize the signs of impairment and will be looking for them in every traffic stop. If an officer suspects that you might be intoxicated or under the influence, he or she may ask you to submit to field sobriety testing and/or a preliminary breathalyzer test. While it is not a crime to refuse to submit, choosing not to cooperate can lead to additional consequences.

Understanding Implied Consent

You may know about or have heard of the term “implied consent.” This refers to the idea that every person who has a driver’s license in Illinois has implicitly agreed to submit to chemical testing of their breath, blood, or urine to determine the amount of a specific drug or alcohol in their system, and refusing to comply with this testing can result in automatic driver's license suspension. What some people may not know, however, is that the implied consent law only comes into play after you have been arrested for DUI. In other words, refusing to take a roadside breathalyzer test will not result in the automatic suspension of your license.

Consequences of Refusing a Chemical Test

If you refuse to submit to a preliminary breathalyzer test or field sobriety testing, this may give an officer reason to arrest you on suspicion of drunk driving. Following an arrest for DUI, you will likely be asked to submit to a chemical test, which is most typically a breath test, although sometimes your blood or urine can be tested instead. It is during this time that consequences can result if you refuse to submit to a chemical test.

According to Illinois’ statutory summary suspension law, a first-time chemical test refusal will result in a 12-month driver’s license suspension. You may be eligible to apply for a monitoring device driving permit (MDDP), which would utilize a breath-alcohol ignition interlock device to monitor your BAC anytime you drive for the duration of your license suspension. A second or subsequent refusal will result in a three-year license suspension.

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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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DuPage County underage DUI lawyerIn the United States, drinking is a sort of rite of passage for many teenagers, though it is illegal. One of the worst things a teenager can do when they have been drinking is get behind the wheel of a car. Driving while you are under the influence of alcohol, or any other drug for that matter, is illegal for anyone, no matter your age. For those who are under the age of 21, drinking and driving is a much more serious offense, and young offenders face harsher penalties.

Zero Tolerance Laws

Most states have developed some form of zero tolerance laws for underage DUI offenders. These laws have helped underage DUI offenses become less common, but they still happen and they are still punished accordingly.

In Illinois, if a person under the age of 21 is pulled over on suspicion of intoxicated driving and their BAC is more than .00, he or she will face penalties in alignment with the zero tolerance laws. For a first offense, driving privileges will be suspended for three months for a BAC over .00. If the offender refuses to submit to a chemical test, driving privileges are suspended for six months.

Underage DUI Penalties

If a person under the age of 21 is convicted of DUI, they will receive all of the same penalties as someone who is over the age of 21. This means that for a first offense, underage DUI offenders face up to one year in prison and up to $2,500 in fines. Since they are under the age of 21, offenders will also face a minimum of two years of driver’s license revocation and will not be eligible for a restricted driving permit (RDP) until the second year of the revocation. In addition, a judge can also order an underage DUI offender to participate in the Youthful Intoxicated Driver’s Visitation Program.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
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Fax(888) 350-9195
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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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