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Illinois DUI defense lawyersMost people know that you can lose your driver’s license if you are arrested for driving under the influence of alcohol or drugs (DUI) in Illinois. However, many people do not realize that there is a way you can get a statutory summary suspension of your driver’s license rescinded (canceled).

You Have the Right to a Court Hearing on the Suspension

If you fail or refuse chemical testing following a DUI arrest, the state of Illinois imposes an automatic suspension of your driver’s license, the statutory summary suspension. For most people, this suspension lasts six months if you failed testing (meaning you were over the legal limit) or 12 months if you refused to test.

But the law also grants you the right to a court hearing to challenge the suspension. At this hearing, your lawyer can question police officers and present arguments as to why your license should not have been suspended. If the judge is convinced, the statutory summary suspension will be lifted.

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Illinois DUI attorneyThere have been far too many times where an evening of social gathering, fun, and laughter has turned into a night behind bars, as a result of drinking and driving. While the overall consumption of alcohol is not usually a cause for concern, drinking and then going behind the wheel is very problematic. During the period of statutory summary suspension, the offender may be able to obtain two different types of driving permits under strict supervision.

Monitoring Device Driving Permit

A first-time DUI offender who has not received a previous statutory summary suspension within five years, nor has been charged with drinking and driving in Illinois or in another state within five years, may be eligible for the Monitoring Device Driving Permit, or MDDP. The offender must have a Breath Alcohol Ignition Interlock Device, or BAIID, installed in his or her vehicle.

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Illinois defense lawyerIt is now the holiday season, and everyone is making plans for the holidays. Whether the plans are for Christmas Day or New Year’s Eve, alcohol is often involved in the social gatherings. It is best to prepare for an evening of drinking by determining who will be the designated driver, or if share riding may be the best option. If you do not follow these options and are caught drinking and driving, you could face very serious consequences. However, if you have been charged with a DUI, then you may be able to reinstate your driver’s license.

When Can a Driver’s License Be Reinstated after a Suspension?

If driving privileges have been suspended, then those privileges can be reinstated after the statutory summary suspension period has ended. For the driver’s license to be reinstated, the offender must make sure that all other suspensions and revocations on their driving record are be cleared, pay a $250 reinstatement fee to the Illinois Secretary of State after the first offense, pay an additional $500 reinstatement fee to the Illinois Secretary of State for repeat offenses, and make sure the reinstatement of driving privileges becomes valid. Reinstatement will go into effect when the information is entered into the driver’s record in the Secretary of State’s office when the termination date has passed.

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