Illinois DUI Lawyer Blawg
A charge of Driving Under the Influence, or DUI, will lead to a loss of driving privileges if the driver is convicted. 625 ILCS 5/6-205(a)(2) This includes convictions arising from a DUI committed in another state while the driver holds an Illinois driver’s license or is a resident of Illinois. 625 ILCS 5/6-206(a)(6)
A DUI offense that results in someone being killed also requires a driver’s license revocation. Unlike a standard DUI, for which the revocation is one year for a first conviction, five years for a second conviction that occurs within 20 years of a first conviction and ten years for a third conviction, a DUI involving death requires a revocation for a period of two years after the Secretary of State records the conviction or the offender’s release from incarceration, whichever is later.
Thus, for instance, if the offender is convicted and sentenced to prison for 10 years, he would not be eligible to apply for a license until he had been out of prison for two more years. In effect, he would be revoked for 12 years. In effect, then, a DUI involving a death has a revocation for a period of time that can only be determined after a sentence is imposed.
Your license may also be revoked in one instance in which you are involved in a crash and charged with DUI even though you are never convicted of DUI. Your license is subject to suspension in a situation in which you are never even charged with DUI but are asked to provide a blood or breath sample. Finally, if you are at-fault in a crash where someone dies, your license must be revoked if you are convicted of any moving traffic violation.
A suspension is a temporary removal of your driving privileges, making your driver’s license invalid for a set period of time, after which it will become valid again. 625 ILCS 5/1-204 A revocation is a permanent invalidation of your driver’s license. You must have an administrative hearing with the Illinois Secretary of State and demonstrate that you deserve to receive a new driver’s license. 625 ILCS 5/1-176
A Statutory Summary Revocation (SSR) is a revocation of your driver’s license upon a mere showing that you were involved in a crash in which 1) you are charged with DUI 2) someone other than you is killed or injured and 3) you are asked to take a chemical test (breath or blood) and refuse to do so.
Even if the DUI is dismissed, your driver’s license will be revoked. 625 ILCS 5/1-197.6 For one entire year, you cannot drive for any reason. After a year, you must apply to the Secretary of State for a license.
Anyone, whether alcohol is or is not involved, who is convicted of a moving violation (which includes traffic tickets other than equipment violations) in which another person dies, will be revoked for a minimum of one year. 625 lLCS 5/6-205(a)(16) During that year, the driver is entitled to request a restricted driving permit (RDP).
Any person who is involved in an accident resulting in serious personal injury or death for which he has been arrested for a non-equipment violation and who refuses to submit to a blood or breath test, or who submits and registers .08 or higher, will receive a driver’s license suspension. 625 ILCS 5/11-501.6(a). The suspension will be for 6 months to three years, depending upon the driver’s driving record.
The driver may only contest the suspension through the Illinois Secretary of State rather than the courts. 625 ILCS 5/11-501.6. This suspension provision is not applicable if the driver is charged with DUI.
In this writer’s opinion, this appears to be a means of taking away a person’s driving privileges in a circumstance in which the police officer believes the person is intoxicated but cannot prove it. The Illinois Supreme Court has ruled that this statute is constitutional. Fink v. Ryan, 174 Ill.2d 302, 315, 220 Ill.Dec. 369, 673 N.E.2d 281 (1996)
Related posts:
Illinois DUI Fatality and Drive’s License Reinstatement July 22, 2012, Illinois DUI Lawyer Blawg
Driver’s license revocation in Illinois for refusing Breathalyzer May 20, 2011, Illinois DUI Lawyer Blawg