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The Penalties for Violating Driving Restrictions After DUIMillions of Americans lose their driving privileges every year. A driver can lose their driving privileges for a number of reasons, but the most common cause is a DUI conviction. While a DUI conviction will likely lead to a license suspension, it does not mean that the person will necessarily be unable to drive. There are a number of ways in which a person can regain their driving privileges after a DUI conviction, including a Monitoring Device Driving Permit (MDDP) and a Restricted Driving Permit (RDP). While both MDDPs and RDPs can represent great options for DUI offenders to regain their ability to drive, it is important to understand the legal consequences of breaking the rules and regulations of both permits. Below we will discuss the legal ramifications of illegally driving with a suspended license

The Legal Ramifications

First and foremost, if a driver with a suspended license does not take the necessary steps to gain a permit such as those mentioned above, they are not permitted to drive in any scenario. If they are apprehended while driving, they will likely be charged with a Class A misdemeanor and face fines as high as $2,500. While those consequences seem severe, the legal consequences of breaking the rules of an MDDP or RDP come with significant and potentially life-changing ramifications.

An MDDP will allow a driver to drive freely as long as their vehicle is equipped with a Breath Alcohol Ignition Interlock Device (BAIID). That being said, if the driver is apprehended while driving a vehicle without a BAIID, they will face a Class 4 felony charge. A driver with two or more intoxicated driving offenses can apply for an RDP, which essentially allows a driver to drive to and from critical locations such as work, the grocery store, and their child’s school. Breaking the well-documented rules of the RDP will lead to loss of the permit and potential jail-time. For more information on suspensions, reinstatement, and your permit options, speak with a knowledgeable attorney today. 

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The Implications of Driving with a Suspended LicenseIn the state of Illinois, there are a number of traffic violations that can result in a license suspension or revocation. A driver can lose their license due to failing to pay tickets or child support or failing to show up to a court date. Yet, the most common reason for a license suspension or revocation is a conviction for driving under the influence of alcohol or drugs. According to Illinois state law, a first-time DUI conviction constitutes a Class A Misdemeanor and a one-year license revocation period. If a person is caught driving with a suspended license, the legal ramifications can be significant. Below we will take a deeper look at the aforementioned consequences. 

The Legal Ramifications of a First Offense

Driving with a suspended or revoked license is always a risky proposition. In Illinois, a first-time offender will likely be charged with a Class A Misdemeanor, which can result in:

  • 10 days in prison or 30 days of community service; and
  • Fines as high as $2,500.

The license suspension or revocation will also be increased due to the transgression. For DUI offenders driving on a revoked license, their revocation period will likely be increased by a year. If you are charged with driving with a suspended or revoked license, speak with your attorney immediately. 

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Regaining Your Driving Privileges After a DUI When a person is convicted of driving under the influence of drugs or alcohol, their life can be impacted in a number of ways. A conviction can result in significant fines, potential jail time, and a mark on your criminal record. Unfortunately, a conviction can also lead to loss of driving privileges. In Illinois, a first-time DUI conviction will result in a one-year license revocation period, and subsequent offenses can constitute a more significant period of revocation. Below we will explore the steps you need to take to ensure that you will still be able to legally drive after a conviction. In the event of a DUI arrest, contact a qualified attorney immediately. 

Permit Options

According to the Illinois Secretary of State’s Office, there are two primary driving permits a person can apply for if they are convicted of DUI: 

  • A Monitoring Device Driving Permit (MDDP); and
  • A Restricted Driving Permit (RDP). 

An MDDP is a driving permit that will enable the offender to drive to and from any location, as long as they equip their vehicle with a Breath Alcohol Ignition Interlock Device (BAIID). A BAIID is a device that will allow the vehicle to start only after the driver blows into their device and is found to have no traces of alcohol in their system. An RDP is a driving permit that will allow the offender to drive their vehicle to and from locations that are critical to their family’s livelihood. These locations commonly include their place of work, the grocery store, or the school their children attend. 

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DuPage County DUI defense lawyersIn Illinois, a driver who is arrested for driving under the influence of alcohol or drugs (DUI) faces two penalties. First, there is the criminal charge, punishable by fines, jail time, and other penalties. Second, there is an administrative sanction, the statutory summary suspension of your driver’s license. Most people know they need to fight the criminal charge. But did you know that you can also fight the statutory summary suspension?

Understanding the Statutory Summary Suspension Law

If you have been arrested on suspicion of DUI, Illinois law requires you to submit to chemical testing for drugs and/or alcohol (625 ILCS 5/11-501.1). If you refuse to be tested, the penalty is the statutory summary suspension of your driver’s license for a minimum of one year. If you test over the legal limit for alcohol, cannabis, or another controlled substance, your driver’s license will be suspended for a minimum of six months.

If you refuse or fail chemical testing, the police will take your Illinois driver’s license and give you a receipt that allows you to continue driving legally for the next 45 days. On the 46th day, the suspension automatically takes effect.

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Illinois DUI lawyerIf you’ve been arrested for a first-time DUI, you might think your best option is to just plead guilty and get it over with. But is that really your best option? When it comes to DUI in Illinois, the law is quite complicated. To make it easier to understand, we will use the hypothetical case of 23-year-old Simon.

Simon was arrested for his first-ever DUI while driving home alone from a party in DuPage County. His blood alcohol level tested at .14, well over the legal limit of .08. So, he assumed that pleading guilty would be the quickest and cheapest way to get this mistake behind him.

Why would he plead guilty to DUI when the potential penalties are so high?

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Illinois DUI lawyerWhen someone gets arrested for driving under the influence (DUI), what is the first thing they should do when they get home? Most people have no idea, and understandably so. But when a DUI arrest happens to you or someone you care about, getting the right information quickly is imperative. You may be shocked. You may be fearful. But when a DUI arrest happens, you cannot afford to be misinformed or to delay action. The sooner you start preparing your DUI defense, the better. Here are three critical steps you should take within a day or two of your arrest.

Step 1: Make Note of Your Court Date

Your first court date, also called the arraignment date, will be shown on the traffic ticket issued to you by the arresting officer. Your court date and location will also be shown on your bond slip.

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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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Posted on in DUI Defense

Illinois DUI lawyerA night out with family and friends can make for a great time. Alcohol can often be involved in the fun evening, but those who decide to partake in any alcohol consumption whatsoever must take into account the responsibilities that come after drinking. A few fun hours could, unfortunately, end up in a costly expense of a DUI conviction.

How Much Does a DUI Typically Cost?

One factor to consider when drinking at a social gathering includes the cost of driving under the influence. There are many consequences that a person could face when charged with a DUI conviction, especially in the financial sector.

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Illinois defense lawyerA drink or two of wine on a Friday night can be a way to unwind from a very hectic week. A pack or two of beer can bring loved ones together. If a person considers drinking alcohol, then he or she will need to weigh out the consequences of this action. Drinking and driving is one of the top causes of death in Illinois, and anyone caught driving with a blood alcohol content of over 0.08 will face very serious consequences.

2015 DUI Statistics

In 2015, 268 Illinois residents were killed in car accidents that involved the use of alcohol, constituting 30 percent of all alcohol related car accidents for that year. There were a total of 32,285 Illinois residents who were arrested on DUI charges, with 91 percent of those arrested losing their driving privileges.

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