It is not uncommon for people who are found guilty of DUI offenses to lose their license for a period of time. In some states, like Colorado, people only have a short amount of time to appeal the revocation of their license, and if they miss their window, it could be very challenging for them to get their license reinstated. Surprisingly, this is true even if they were not actually convicted of a DUI crime, as one Colorado resident recently learned. If you are charged with a DUI offense in Illinois, it is important to understand what criminal and civil penalties you may face if you are convicted, and you should consult an Illinois DUI defense attorney as soon as possible.
Colorado’s License Revocation Laws
It is reported that a man in Colorado lost his license after DUI charges were filed against him six years ago due to administrative issues. While waiting over six years to have the right to drive reinstated alone with no end in sight would in and of itself be frustrating, the man’s struggles are even more confounding given the fact that he was not actually convicted of any DUI offense. The issue is largely caused by the fact that Colorado views DUI crimes and licensing of drivers as separate matters.
Allegedly, the man’s problems began when he was pulled over in January 2017 for lack of a front license plate; his plate had been stolen three weeks earlier, and he was waiting for a replacement. Although the man did not commit any driving infractions, police suspected he had smoked marijuana. He advised the officers he wanted to speak to his attorney before undergoing chemical testing but made it clear he would comply with their requests. Further, they did not advise him he would automatically lose his license if he did not submit to a blood test.
Reportedly, the man’s license was revoked in March 2017 due to his alleged refusal to submit to a blood test, but the DUI charges against him were dropped three months later. By that time, it was too late for him to appeal his license revocation because such appeals must be filed within 35 days. Now, to get his license reinstated, he would have to undergo drug and alcohol treatment classes, install an interlock device in his car, and obtain special insurance.
Illinois Laws Regarding License Renewals and DUI Convictions
Under Illinois law, people who refuse to submit to chemical testing will automatically have their driving privileges suspended. The duration of the suspension will be one year if the person does not have any prior DUI convictions or summary suspensions within the previous five years, and three years, if they do have DUI convictions or summary suspensions within the previous five years. The suspension typically goes into effect 45 days after the driver receives notice of the suspension.
Talk to a Skilled Illinois DUI Defense Attorney
While people suspected of DUI may be reluctant to submit to blood or breath tests for fear it could confirm their guilt, they may lose their license and face other penalties for refusing to submit to chemical testing. If you are charged with a DUI offense or refuse to undergo chemical testing, you should talk to an attorney about your options. Theodore J. Harvatin, of the Harvatin Law Offices, PC, is a skilled Illinois DUI defense attorney with the knowledge and experience needed to help you protect your interests. You can contact Mr. Harvatin by calling 217.525.0520 or using the form online to set up a conference.