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Understanding License Suspensions and Revocations in Illinois In Illinois, a person can lose their driving privileges for a number of violations. In the majority of cases, a person will face a license suspension or revocation period when their actions endangered other travelers. Unfortunately, a license suspension can significantly impact a person’s livelihood, due to their inability to drive to and from work, their child’s school, and other necessary locations. Fortunately, a skilled attorney can work diligently to help you regain your driving privileges when facing a suspension. If you are facing a driver's license suspension, there are steps you need to take to regain your driving privileges. 

How You Can Lose Your Driving Privileges 

As mentioned above, there are a number of violations that can result in a license suspension or revocation. The most common violation leading to loss of driving privileges is a DUI. According to Illinois’ Secretary of State’s Office, more than 20,000 Illinoisans were arrested on DUI charges throughout 2018. Of those arrested, 90% of eligible drivers lost their driving privileges. During the court process, the defendant's license will be suspended. If convicted of DUI, the guilty party will face a one-year license revocation period. 

A person will face a one-year license suspension period if they refuse to submit to chemical testing when the acting officer has arrested them on suspicion of DUI. A person can also lose their driving privileges for receiving three traffic citations within one calendar year, as well as failing to pay traffic tickets or failure to appear in court. In some instances, an unrelated violation such as refusal to pay child support can result in a license suspension. 

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The Importance of Hiring a Skilled Attorney in Your DUI Case With more than 20,000 DUI arrests made throughout the state of Illinois each year, it is easy to say that law enforcement personnel are constantly looking for inebriated drivers. With the shocking number of DUI arrests made each year, it is important to understand that a DUI charge is not simply a minor traffic violation. A DUI conviction can compromise one’s ability to legally operate a vehicle, can lead to significant fines, and in some cases even lead to jail time. Below, we will examine some of the ways in which a knowledgeable attorney can assist you throughout your DUI case. If you or a loved one have been charged with a DUI, you need to hire an attorney that you can believe in. 

A Charge Does Not Have to Result in a Conviction 

When charged with driving under the influence, many people falsely believe that a conviction is inevitable. In reality, there are a number of defense strategies a quality attorney can utilize to avoid a conviction or diminish the charges that their client is facing. First and foremost, if you declined to take part in chemical testing, your attorney should have a good chance of developing a defense that will avoid a conviction altogether. If you did submit to chemical testing, there are cases in which police oversight or negligence can lead to charges being dropped. In other cases, false signs of inebriation such as allergies or medical conditions can lead to an incorrect diagnosis of intoxication. Speaking openly and honestly with your attorney can be immensely helpful throughout the legal process. 

Regaining Your Driving Privileges 

Even if a conviction is unavoidable, an attorney can continue to assist you through helping you regain your driving privileges. If convicted of a DUI, you will be facing a one-year license revocation period. Fortunately, you will likely be eligible to obtain a Monitoring Device Driving Permit (MDDP). A compassionate attorney will walk you through the necessary steps you have to take to obtain an MDDP, such as equipping your vehicle with a Breath Alcohol Ignition Interlock Device (BAIID) and taking part in rehabilitation courses. A truly dedicated attorney will stand by you through every step of your legal process. 

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Posted on in DUI Defense

Can I Still Drive After a DUI? After being arrested for driving under the influence, it is entirely common to ask a number of questions. Will I face jail time? Will a conviction impact my employment status? Will I still be able to drive after the arrest? Regaining your driving privileges after being charged with driving under the influence can be a complicated process, but it is entirely possible to continue to legally drive after the arrest and even after a conviction. There are steps you will need to take to get back on the road after a DUI arrest.

Losing Your Driving Privileges

According to the Illinois Secretary of State’s Office, 90 percent of eligible drivers lost their driving privileges after being arrested on DUI charges. While many people think that they can only lose their driving privileges if they are convicted of a DUI, the arrested party will face a statutory summary suspension automatically after the arrest if they fail or refuse chemical testing. While a driver that refuses chemical testing will diminish the likelihood of a DUI conviction, they will face a one-year statutory summary suspension. If a driver is ultimately convicted of a DUI, their license will likely be revoked for one year. Fortunately, the duration of the suspension will count towards the revocation period. 

Regaining Your Ability to Drive 

In Illinois, a first-time DUI offender can request a Monitoring Device Driving Permit (MDDP), which will give them limited driving privileges. In order to gain an MDDP, a driver must equip their vehicle with a Breath Alcohol Ignition Interlock Device (BAIID). The BAIID will be monitored and will restrict the vehicle from starting if traces of alcohol are present in the driver’s breath. While the driver will have to pay for installation and monitoring of the BAIID and also face rises in their insurance payments, they will be able to continue to drive. Driving is a critical part of a person’s quality of life. If you have any questions on how to regain your driving privileges when facing DUI charges, speak with your attorney. 

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Underage Drinking Has Strict Consequences in Illinois While parents do everything in their power to keep their children safe, many young teens make the reckless decision to engage in underage drinking. Underage drinking can come with serious health risks, in large part due to the fact that most teens do not have the maturity to safely consume alcohol. According to the Centers for Disease Control and Prevention (CDC), over 4,000 underage youth die each year as a result of underage drinking. Outside of the inherent health risks of underage drinking, the consumption of alcohol can result in serious legal consequences for a minor

Alcohol Laws for Minors in Illinois 

Recognizing the health risks associated with underage drinking, the legal consequences of drinking underage are severe in the state of Illinois. A minor that possesses, consumes, or purchases alcohol will face a six-month driver’s license suspension if convicted. A second conviction for a minor in possession will result in a one-year license suspension. The legal ramifications of drinking underage can be more severe if a minor uses a fake or fraudulent ID to obtain alcohol. Using someone else’s ID warrants a Class A misdemeanor charge and potentially up to one year in jail. If a minor is caught using a fraudulent ID (an ID manufactured by someone who is unaffiliated with the United States government) they could face a Class 4 felony charge. It is also important to understand the way in which an alcohol- or drug-related arrest can impact your child’s future. A serious conviction can impact their ability to get into prestigious universities and even impact their ability to secure employment. 

Driving Under the Influence 

In Illinois, the Zero Tolerance Policy will result in an automatic suspension of driving privileges, if the minor’s blood alcohol content is over 0.00. In other words, even if a minor would be under the legal limit for an adult, they can still face legal consequences for driving after consuming alcohol. A first-time offender will face a mandatory three-month suspension. If your child is convicted of a DUI, they will face Class A misdemeanor charges, up to one year in prison, and fines as high as $2,500. A convicted minor will also face a license revocation period of two years and will not be eligible for driving relief in the first year. 

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Regaining Your Driving Privileges After a DUI After being charged with a DUI, the vast majority of offenders will lose their driving privileges. According to the Illinois Secretary of State’s Office, 90% of eligible drivers arrested for driving under the influence of drugs or alcohol throughout 2018 lost their driving privileges. Regaining your driving privileges after being convicted of a DUI can be a complicated process. Below we will discuss how you can regain your driving privileges in a limited capacity while your license is suspended or revoked and how you can regain your driving privileges in full at the conclusion of the suspension or revocation period. If you have been charged with driving under the influence, it is time to speak with a qualified legal professional. 

Applying for an MDDP or RDP 

When a driver fails chemical testing, they will likely be arrested for driving under the influence of drugs or alcohol. After being charged with a DUI, the offender’s driving privileges will immediately be suspended. While facing a statutory summary suspension, the driver will likely be eligible to apply for Monitoring Device Driving Permit (MDDP). In order to receive an MDDP, the driver must agree to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in their vehicle by the Secretary of State’s Office. A driver with an MDDP will be afforded the right to drive to and from any location with a registered vehicle equipped with a BAIID. It should be noted that drivers that refuse chemical testing will face a statutory summary suspension and are eligible for an MDDP. 

If the driver is ultimately convicted of a DUI, a first-time offender will face a one-year license revocation period. While their license is revoked, the driver can apply for a Restricted Driving Permit (RDP). In order to obtain an RDP, the majority of offenders have to prove that a hardship exists. This hardship could be as simple as needing to drive to and from work or needing to drop their children off at school. The driver will also need to provide an alcohol/drug evaluation and in some cases provide proof that they are attending substance treatment courses of some kind. An RDP will enable the driver to drive to and from certain locations at certain times of the day. 

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How Your Attorney Can Assist You Post-DUI Conviction In Illinois, more than 25,000 people are arrested for driving under the influence of drugs or alcohol on an annual basis. In some of these cases, an attorney can craft a strong defense strategy that will help their client avoid a conviction. These defense strategies can range from wrongful seizure to misdiagnosis of inebriation symptoms and, in some cases, can be incredibly effective. In other cases, a conviction is unavoidable. Below, we will go over just a few of the reasons why maintaining a working relationship with your attorney after a DUI conviction can be critical to ensuring a high quality of life. 

Appealing Your DUI Conviction

After your case has been settled in circuit court, it is common to feel hopeless if you have been convicted. In reality, it may be possible to appeal the outcome of the case to a higher court. Recognizing the fact that a DUI conviction can result in a significant mark on one’s criminal record and potential license revocation, an appeal can be the right decision in some cases. In the appeal process, a panel of judges will examine the evidence and determine whether:

  • The evidence was able to prove your guilt in absolution;
  • Any evidence was suppressed or should have been suppressed; or
  • The sentencing was excessive.

In order to provide yourself with a fighting chance throughout the appeal process, it is crucial to continue working alongside your attorney. 

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How to React to a License Suspension or Revocation in Illinois There are a number of traffic violations that can result in loss of driving privileges in Illinois. From aggravated speeding or reckless driving charges to a charge of driving under the influence, it is important to understand how to react to a traffic violation. Having your driver's license suspended or revoked can significantly impact your livelihood. In the event of a DUI conviction, the likelihood of revocation of some length is very high. If you face charges for driving under the influence, speak with a quality attorney right away. 

Driving Permit Options 

According to Illinois state law, a first-time DUI offender faces an automatic minimum license revocation of one full year. Fortunately, a first-time offender can qualify for a Monitoring Device Driving Permit. (MDDP). In order to secure an MDDP, a person must install a blood alcohol ignition interlock device (BAIID) and camera into their vehicle.  

The BAIID will ensure that the person cannot start their vehicle with any traces of alcohol in their system. The camera gives local law enforcement officials the opportunity to view the driver taking part in the breath test. It should be noted that a driver with an MDDP can operate any vehicle with a BAIID and drive to any location. If a person is apprehended while driving a vehicle that is not equipped with a BAIID, they could face substantial fines and potential jail-time.  

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