Illinois DUI Lawyer Blawg

An experienced Illinois driver's license reinstatement lawyer knows that Illinois will not issue a new driver's license, renew an existing one or clear a hold so that you can obtain an out-of-state driver's license if you have a fourth DUI arrest after January 1, 1999 that results in a conviction. In determining the number of convictions you have, Illinois will include out-of-state convictions even if the convictions do not appear on your Illinois driving record but appear on the National Registry/PDPS.

This leads to harsh results. Years ago, the law did not treat DUI seriously and there was no four-conviction rule. Yet the old DUI counts against you forever, even though you received it before the four-conviction rule applied.

This could result in your paying for a DUI you received 20 or 30 years ago but did not fight because it was "no big deal". You have now, years later, been convicted of a fourth DUI from an arrest that occurred after January 1, 1999 and been informed that you can never drive again, not even for work.

Continue reading "The time has come for Illinois to lift the lifetime ban on obtaining a drivers license" »

As any lawyer familiar with Illinois DUI laws is aware, since January 1, 2009, Illinois has allowed drivers suspended for DUI to obtain a driving permit upon installation of a BAIID machine. Some commentators have questioned whether the MDDP program is effective.

The BAIID machine is part of the MDDP program. Evidence exists that the BAIID machine provides false alcohol readings caused by pizza, mouthwash, cough medicine and other substances other than alcohol. Therefore, we arguably have a program that is not only ineffective but also unfair.

The MPPD program comes into play when your license is suspended before you conclude your DUI case. On the other hand, if you are convicted of the DUI, your license will be revoked and you must have an Illinois Driver's license reinstatement hearing with the Illinois Secretary of State.

Continue reading "Some question reliability of the Breath Alcohol Interlock Ignition Device (BAIID)" »

State representative Ron E. Stephens has pleaded guilty to DUI in Macon County (Decatur) Illinois circuit court. This was his first DUI offense.

As any experienced Illinois DUI lawyer can tell you, this makes Stephens eligible for court supervision. Under a supervision disposition, you do not suffer a revocation of your Illinois driver's license and thereby avoid an Illinois driver's license reinstatement hearing.

In addition to protecting his driver's license, Stephens was able to avoid jail time that could have resulted from a DUI conviction. Stephens was ordered to pay fines and court costs of $1,410.00. Furthermore, during the one year he is subject to the supervision of the Macon County courts, Stephens is to refrain from the consumption of any amount of alcohol.

As a Springfield, Illinois DUI and driver's license reinstatement lawyer, I am familiar with nearby Macon County practices. The sentenced he received, as well as the fines and conditions of his supervision, are the same that any other Macon County DUI offender could expect.

Continue reading "Illinois state legislator pleads guilty to DUI" »

As reported, an alleged drunk driver was involved in a fatal crash and charged with DUI and reckless homicide. A reckless homicide conviction could result in prison time, and a conviction for DUI or reckless homicide will cause a driver's license revocation, the length of which will depend upon the driver's previous driving record and whether the conviction is for DUI or reckless homicide.

A knowledgeable, highly experienced Illinois driver's license reinstatement lawyer will explain to you that the Illinois Secretary of State, Department of Administrative Hearings considers fatal accidents to be the most serious type of case his office hears. In the typical Illinois Driver's License Reinstatement Hearing, the Secretary of State has only limited information about your Illinois DUI arrest. In a fatal accident case, he will have all the police investigate reports, accident reconstruction reports, photographs, a transcript of the county coroner's inquest and jury verdict, the crash report, the autopsy, and the grand jury indictment or the criminal information or complaint filed against you.

For hearings involving fatality, the Secretary of State allows extra time on his calendar to hear the case. This is done because you will be questioned in detail about all the information in the materials that the Secretary of State has gathered from the State's Attorney and the police. In addition, the Secretary of State will notify the family members of the deceased that you have requested a Driver's License Hearing and will advise them of their right to appear and testify at the hearing.

Continue reading "Illinois DUI leads to fatal crash and reckless homicide charges" »