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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 DUI defense lawyerDriving while under the influence of alcohol or drugs is extremely dangerous. According to the Illinois Secretary of State's Office, there were over 27,000 DUI arrests in Illinois in 2017. The state takes DUI arrests very seriously which is why 91 percent of people who were arrested for DUI and were eligible, lost their driving privileges. Still, the state also recognizes that people should not have to be put through months of hardship for one mistake. This is why Illinois allows certain DUI offenders to apply for one of two types of driving permits: a monitoring device driving permit (MDDP) or a restricted driving permit (RDP).

Monitoring Device Driving Permit (MDDP)

In order to apply for an MDDP, you must be a first-time DUI offender. This means you must not have received a statutory summary suspension in the past five years or have been convicted of a DUI in Illinois or any other state within the past five years. In addition, your DUI arrest must not have caused death or great bodily harm to another, and you must not have been previously convicted of reckless homicide or aggravated DUI that resulted in death.

While you have an MDDP, you must have a breath alcohol ignition interlock device (BAIID) installed into any vehicle that you drive, though you may drive anywhere at any time once you have the permit and have the BAIID installed. 

Restricted Driving Permit (RDP)

If you are ineligible for an MDDP, you may be eligible for an RDP. In order to qualify for an RDP, you must be able to prove that hardship exists. You must also provide a current professional drug and/or alcohol evaluation and, in some cases, proof of remedial education or treatment. You must also have a BAIID installed into any vehicle you drive during the length of the permit. In addition, the have an RDP issued to you, you must attend a hearing at the Secretary of State’s Office so they can determine whether there is a threat to public safety if you were issued a permit.

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battery charge, hate crime, DuPage County cybercrimes attorney, cyberstalking, cyberstalking chargesAssault and battery are commonly misconstrued and incorrectly linked together as the same. A battery charge is a physical act of harming another individual. Assault is a verbal or other communication that leads a reasonable person to believe that battery may occur. Both of these charges have been in existence for years, however. With the emergence of the Internet and the advancements of social media, threatening behavior has a new outlet. This year, new laws make cyberstalking more than just annoying, it may be deemed and punished as a hate crime under the right circumstances. 

Cyberstalking as a Hate Crime

The definition of cyberstalking is threatening behavior or unwanted advancements directed at someone else by using the Internet or other forms of online communications. It is deliberate, persistent, and personal.

In general, if the behavior becomes threatening enough to another person, cyberstalking charges may ensue which are punishable as a class 4 felony. The charges escalate to a hate crime if any of the following actual or perceived factors come into play: 

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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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