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Losing 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.
In 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.
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.
In 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.
In 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.
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.
There 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.
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.
Driving 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).
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.
If you have ever seen the movie, “The Wolf of Wall Street,” then you have some idea of what white collar crime is. When you hear the word crime, most people think of blood, dead bodies or violence. White collar crime is a type of nonviolent crime that typically does not involve any sort of physical violence. The term white collar crime was coined in 1939 and now encompasses a wide range of crimes, mostly dealing with gaining profits. According to the Federal Bureau of Investigation (FBI), white collar crimes are characterized by deceit, concealment or violation of trust. Though these crimes do not physically hurt people, they are not victimless crimes and they can destroy companies and cost people billions of dollars.
There is a large variety of crimes that fall under the white collar crimes umbrella. Crimes that are considered to be white collar crimes include:
In 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.
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.
Prior to 1899, there was no such thing as a juvenile justice system. Illinois was the first state to create a separate court that was solely for juvenile offenders. The juvenile justice system was created with the idea that the majority of children’s behavior can be changed and modified so that they can become law-abiding citizens. Though the juvenile justice system does differ from the adult justice system, juveniles retain many of the same rights as their adult counterparts.
The state of Illinois recognizes those who are age 17 and younger are juveniles who will be tried in juvenile court -- for most things. Children over the age of 15 can be tried as an adult for very serious crimes. No matter where a child is prosecuted, they have rights. These rights include:
With the rise of technology, almost everyone has a computer in their pocket these days -- their cell phones. While these handy devices can make life easier for us, they have also proven to make life more dangerous. In an effort to prevent drivers from using their electronic devices while driving, a new Illinois law that will take effect in July will increase the consequences that drivers will face when caught using an electronic device while driving. This new law will make a first-time offense of using an electronic device while driving a moving violation, rather than just a warning.
Before the new law was enacted, the Illinois Vehicle Code stated that drivers needed to be caught using an electronic device while driving at least twice before any disciplinary action would be taken against them. Under the new law, drivers only need to be caught using an electronic device once before they are issued a ticket for a moving violation. Beginning in July of this year, first-time offenders who use an electronic device while driving will see the infraction on their driving record. If drivers commit the offense more than three times in a 12-month period, they will face a driver’s license suspension. In addition to the violations, they will also face fines as follows:
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