Illinois DUI Lawyer Blawg

If you are arrested for DUI, your driver's license will be suspended on the 46th day following the arrest. The suspension will be for 6 months, 12 months, or 36 months. How long will depend upon your record and whether or not you provided a blood or breath sample.

If you have not had a DUI arrest in the previous 5 years, you will be suspended for 6 months if you submit to testing and 12 months if you refuse. During all but the first 30 days of the suspension, you are entitled to obtain a Monitoring Device Driving Permit (MDDP). The court system, not the Secretary of State, grants these permits.

If you have had a previous DUI arrest in 5 years, you will be suspended for 12 months if you submit to testing and 36 months if you refuse testing. During this 12 or 36-month suspension, you will not be entitled to request an MDDP. The other place to turn to for driving relief would be the Secretary of State, who issues Restricted Driving Permits (RDP) to qualified candidates. However, as someone with a previous DUI in less than 5 years, you qualify for neither an RDP nor MDDP.

If you decide to drive while your driver's license is suspended due to a DUI, you are guilty of a Class-4 felony. This could result in prison and substantial fines. In addition, the original length of your suspension will be doubled.

Continue reading "Legal ramifications of driving on a suspended or revoked license due to DUI" »

As any Illinois traffic and DUI lawyer knows, you must signal at least 100 feet before turning in a non-rural area. Failure to do so constitutes a traffic offense.

An arrest in Illinois for DUI often begins with a simple traffic offense. Common violations include speeding, improper lane usage ("weaving" or "swerving"), and disobeying a stop sign or stoplight.

Sometimes, there does not even have to be a traffic violation. If properly designed, police have the right to erect DUI roadblocks.

And even minor violation of the Illinois Vehicle Code can lead to a stop. This can be something as simple as a burned out license plate light, an expired license plate tag, an obstructed windshield (an air freshener hanging from the mirror) or failing to dim your headlights to oncoming traffic.

As a matter of fact, a Springfield Illinois DUI arrest began with the police pulling over the driver for not using his turn signal within 100 feet of an intersection. You probably would not be stopped in broad daylight for failing to use your turn signal. It is possible the police are using this minor offense as a pretext ("excuse") to investigate a DUI at 11:00 in the evening.

Continue reading "Springfield Illinois Driving Under the Influence (DUI) arrest starts with no turn signal" »

A man in Springfield Illinois was recently charged with DUI following a crash. An officer noticed the car was speeding and gave chase. The driver fled. His car crashed and he attempted to run but was caught.

In addition to being charged with DUI, he could receive tickets for leaving the scene of an accident ("hit-and-run"), fleeing and eluding (speeding away from police in pursuit), and disobeying police instructions (running from the police). Leaving the scene and DUI are class-A misdemeanors subject to a fine of up to $2,500 and/or up to 364 days in the county jail. The other possible tickets are less serious.

Besides the criminal consequences of the DUI and leaving the scene, a conviction for either offense will result in a driver's license revocation. For a first offense, a conviction would result in a one-year revocation. If this is the second offense within 20 years, the Secretary of State would revoke the driver's license for 5 years. A third conviction would cause a 10-year revocation. A fourth conviction after January 1, 1999 would cause a lifetime revocation.

DUI Supervision is a possible disposition for a first DUI offense. There are many advantages to supervision. For one thing, your driver's license would not be revoked. The second advantage is that you would not be sentenced to jail.

A revocation is caused only if you are convicted of DUI. (Supervision is not a conviction) A revocation takes away your license for 1, 5 or 10 years. When that time is over, you must have a driver's license reinstatement hearing to restore your driving privileges.

Continue reading "Driver in Springfield Illinois charged with DUI after crash" »

A Springfield Illinois man recently pled guilty to drug selling charges. He was sentenced to 9 years in prison.

Upon his release, the offender may find that he faces an Illinois driver's license revocation. The article does not state, nor does any evidence in the case suggest, that the driver was using the drugs, or under the influence of the drugs or of any other drugs, including alcohol. You may quite logically ask, given this, how could he lose his driver's license?

Many are familiar with the charge of Driving Under the Influence (DUI). To prove this charge, the prosecution must show, beyond a reasonable doubt, that you were operating a motor vehicle at a time that your ability to do so was impaired by alcohol, drugs or any combination thereof.

It is also illegal to operate a motor vehicle anywhere within the State of Illinois with a blood alcohol content (BAC) of .08 or greater. Furthermore, you can be charged in Illinois with DUI if it is shown that you had any amount of an illegal substance (including marijuana) in your system as shown by blood, urine or breath tests.

In the case of the BAC over .08 or the illegal substance in your system, the State is not required to prove that you were under the influence. Rather, the mere presence of the drug, or the BAC level, is a violation of the DUI laws. These are known as "per se" violations.

Continue reading "Illinois Driver's License Revocation due to Felony Convictions" »