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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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DuPage County DUI defense lawyerWhen one is arrested for their first DUI, they might assume that the charges will be minor. Unfortunately, this is not always true. In fact, under the right circumstances, even a first-offense DUI could become a felony. Learn more about the situations that may lead to such a charge, and discover how an experienced attorney can help you fight the charges.

First-Offense DUIs Typically Charged as Misdemeanors

In most instances, a first-offense DUI is considered a misdemeanor offense. If convicted, the consequences could include up to one year of jail time, fines, civil penalties, and a one-year suspension of your license. You may have an option for restoring your driving privileges, but you would be required to have a breathalyzer interlock device on all your vehicles. Because these consequences can have a significant impact on your life, it is advised that you seek legal assistance, even at this lower level of DUI consequence.

First Offense Aggravated DUI

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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