Rockford Criminal Defense Attorney
If you are charged with DUI in Illinois, your license can be suspended by the Secretary of State, even if you are eventually acquitted of the charges. Illinois is an “implied consent” state, meaning that by driving on public roads an officer may ask you to take a breathalyzer if they suspect you are driving under the influence. If you refuse the police officer's request to submit to a breath sample or if you submit and register a BAC of 0.08 or higher, your license to drive in Illinois will be suspended for a period of six months or longer. This is in addition to any criminal penalties that you may incur as a result of your DUI charge.
To protect our client's rights, we file a petition to challenge the statutory summary suspension with the Illinois Circuit Court. Upon filing this petition, the State is obligated to give you a hearing within 30 days. At this hearing the defense is given an opportunity to provide legal proof to the court to have the suspension rescinded. If the Defense is successful at this hearing, the suspension will be rescinded and you can continue to drive pending the outcome of your DUI case. If the suspension is upheld for any reason you may still be eligible for a driving permit.
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Individuals subject to a suspension of their license caused by a DUI may be eligible for a driving permit during their suspension. This permit would allow for driving privileges as long as the individual operates a vehicle equipped with a Breath Alcohol Ignition Interlock Device or BAIID. This device requires the driver to submit a breath sample prior to starting the vehicle. To be eligible for driving relief, you must return the application for a Monitoring Device Driving Permit (MDDP) to the Secretary of State. Afterwards, a BAIID will be installed on your vehicle through the Secretary of State's office. This permit will allow you to drive anytime and anywhere as long as you’re driving a BAIID equipped vehicle.
In addition to any license suspension, if you are convicted of Driving Under the Influence, even on your first offense, your license will be revoked. When your license is revoked, you will not be able to legally drive until you have an administrative hearing with the Secretary of State. Prior to full reinstatement, you may be able to obtain a restricted driving permit, which is a hardship license that allows you to drive under limited circumstances, such as commuting to and from work and driving your children to school. If your license was revoked for traffic offenses or a first time DUI with no injuries, then you may be able to get your license back at an informal hearing. These are available at Driver Services facilities in Rockford and throughout the state. If you have been convicted of a second or subsequent DUI or were charged with DUI where there was a crash involving great bodily harm or death, then you will most likely require a formal hearing held in Springfield.
Law Office of Jonathan James, LLC
124 N. Water St Suite 206 Rockford, IL 61107
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