Illinois DUI Lawyer Blawg

"Civil rights" refers to your right to be free from overreaching government action. There was a time when someone arrested for Driving Under the Influence (DUI) enjoyed the same civil rights as every other citizen. Not so much any longer with DUI (and a few other politically unpopular crimes).

In the realm of DUI law, we are primarily dealing with the Fourth Amendment right to be free from unreasonable searches and seizures. To a lesser extent, there are issues of self-incrimination enshrined in the Fifth Amendment ("Miranda rights") and the Sixth Amendment right to counsel.

You should understand that there are essentially two related but separate aspects to a DUI offense. The first, and the one that generally has the most immediate impact, involves driver's license suspension, revocation and reinstatement. The other is the DUI charge, a criminal offense.

During a DUI arrest, you will be asked to perform standard field sobriety tests, including the Horizontal Gaze Nystagmus (HGN), the one-legged stand and the walk-and-turn test. You should also anticipate being asked to perform a portable breath test (PBT).

Although your performance on these tests will be used to determine whether or not you are arrested for DUI, you are not entitled to demand the presence of an attorney while you perform them. Your only options are to refuse to perform the tests (which can and will be used against you in a court of law) or take the tests and risk incriminating yourself.

Continue reading "Illinois DUI enforcement and civil rights" »

In Illinois, if you are convicted of Driving Under the Influence (DUI), the Illinois Secretary of State is required to revoke your driver's license. The revocation could be for 1, 5 or 10 years, depending upon your previous record.

By law, a revocation can only be undone through a driver's license hearing with the Secretary of State. During the 1, 5 or 10-year revocation period, you may be eligible for a restricted driving permit (RDP) if you can show undue hardship.

A 1-year revocation results from a first conviction. A second conviction within 20 years of a previous arrest leads to a revocation for 5 years. A third conviction within any period of time will cost you your license for 10 years.

You must not confuse a revocation with a statutory summary suspension. A suspension in connection with a DUI arrest results from the fact that you failed to provide the police with a blood or breath sample upon request, or you provided a sample that show your blood alcohol content to be above the legal limit of .08. A suspension ends automatically once the suspension time is over.

If you have not had a DUI arrest within the last 5 years, the suspension will be for 6 months if you agree to provide a blood or breath sample and 12 months if you refuse. Restricted driving relief (hardship license) is an option.

Continue reading "How your driver's license may be revoked without a trial" »

It is well known that Illinois will revoke or suspend your driver's license for Driving Under the Influence (DUI, DWI) convictions. Whether you will be suspended or revoked depends upon the particular situation of your case, as does the length of the suspension or revocation.

DUI convictions can result in minimum revocation periods of 1, 5 or 10 years. Refusing to provide a breath or blood sample at the time of a DUI arrest, or providing a sample of .08 or greater, will result in a suspension of anywhere from 6 months to 3 years, depending upon your overall driving record.

A suspension is less serious than a revocation. At the end of the suspension period, the Illinois Secretary of State will restore your driving privileges without a hearing, provided your license is not suspended or revoked for some other cause.

If you commit a violation that causes a revocation of your driver's license, you must have a driver's license hearing in order to gain some sort of driving privileges, whether that be full reinstatement or a restricted driving permit (RDP). The hearing procedures are quite drawn out and unfriendly if you do not know what you are doing.

DUI is not the only way you can lose your driver's license to a suspension or revocation. Some of the offenses for which the Secretary of State may take away your driving privileges come as a rude surprise to many.

Illinois law lists 45 non-DUI ways under which your license can be suspended. Most people are aware of the common ones, such as too many tickets, too many accidents driving on an expired license and passing a stopped school bus. But your license will also be suspended if you are under 21 and receive a ticket for under aged drinking, for having a fake ID or for having an open container in your vehicle.

Continue reading "Driver's license sanctions for other than DUI" »