Reader’s Question:

My brother has a DUI conviction here in Schaumburg, Illinois and I have been doing several researches about the DUI state laws. I came across some information about clearing a DUI record. Is it true that he can have this DUI conviction completely erased?

Nadine

Schaumburg, IL

Your brother’s DUI conviction in Schaumburg, Illinois does not have to haunt him for a lifetime. In fact, he can obtain an expungement to clear his criminal records, remove all his record of a past arrest and he can move on with his life and put those past transgressions behind him.

Your brother can obtain an expungement after he has completed supervision, and waited for the obligatory statutory period of time to expire. When this occurs, his DUI lawyer can file a petition with the State’s Attorney, the clerk’s office, the local arresting agency, and the State Police stating that he intends to expunge his arrest records. The police will have the opportunity to present any objections they may have to the court, and the court can either deny or grant the petition. In the event the court denies his petition, he can appeal to a higher court. One more thing is that the only way to get a conviction off of his record is to petition for executive clemency. His DUI lawyer should have experience in executive clemency and will petition the Governor’s office through the Illinois Prison Review Board. Clemency does not erase the crime, though, rather it simply forgives it, so that the conviction may no longer be used against him.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I have a DUI conviction here in Naperville, Illinois and my license has been revoked. I’m getting ready to get my license back and I was advised by a friend that I need to file SR22 auto insurance. Is this some type of insurance policy?

Oscar

Naperville, IL

Since your driver’s license has been revoked because of your DUI conviction in Naperville, Illinois, you need to file an SR22 auto insurance to get your license reinstated. SR22 is not an auto insurance policy, but rather it is a type of rider that is added to an Illinois insurance policy. It is a form from the Department of Motor Vehicles (DMV) that shows that a driver has auto insurance. This is a document required as proof of financial responsibility under Illinois state law for persons convicted for DUI. This is simply a form which must be filed by the insurance company stating that auto liability insurance is in effect for a certain individual.

You can check with your insurance company first if they do offer SR22 auto insurance. That way, you can simply add SR22 to your insurance policy. If not, you need to contact an insurance agent to buy liability insurance to get SR22 from another insurance company. Ask the agent for SR22 form once you have committed to purchasing a policy. You need to take the form to the Illinois DMV and this can be done personally. Better yet, for your convenience, I suggest you get an online rate quote now for your SR22 car insurance from this site.

Tags: drunk driving insurance, DUI, insurance, SR22 insurance

Reader’s Question:

I have never been arrested for drunk driving here in Illinois because I actually don’t drink and drive. But I’ve been following some news and information about DUI because a friend of mine has been convicted before. I just wanna know, what signs are the police officers looking for if they ask a driver to pull over because of a DUI suspicion?

Joe

Aurora, IL

Usually, in Illinois, a driver is asked to pull over because of a DUI suspicion if he/she is drifting between lanes, swerving erratically while driving, making excessively wide turns, driving at extremely high or low speeds or stopping abruptly for no reason. But once the driver already stopped, the police officer is often looking for some signs which are commonly associated with drunkenness or illegal drug use. These signs are often exhibited by drivers who are drunk driving, have taken medications before or while driving and/or have taken illegal drugs.

If a driver is asked to pull over, the characteristics or signs that police officers usually look for in a driver suspected for driving under the influence are as follows:
-a face which is flushed, reddened, blank or expressionless
-jerky eye movements
-eyes which are watery or red
-slurred speech
-slow to react
-poor coordination or poor balance
-irritability
-slow recall or memory
-tiredness or fatigue
-nausea / vomiting
-excessive sweating

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I have heard from someone that Kane County, Illinois is implementing a no-refusal weekend with regard to blood alcohol testing for people suspected of driving under the influence. What that this mean and how helpful would this be in the prevention of DUI?

Lucy

Elgin, IL

Kane County, Illinois officials say that people suspected of driving under the influence will only have the choice to either voluntarily have their blood alcohol content measured by urine, blood or breath test or they will have their blood drawn involuntarily.

The Kane County’s State’s Attorney recently announced the No Refusal Weekend but did not answer questions about what weekend the forced blood draws will occur. Search warrants have been written in advance in preparation for No Refusal weekend. Police officers would only have to fill in specific details in each DUI case and have an assistant state’s attorney review it before it is signed by a judge. The Kane County Health Department would supply phlebotomists to do the blood draws.

Officials are also optimistic that when faced with an order for an involuntary blood draw, most DUI suspects would agree to take a breath test instead and that more DUI suspects would take plea deals rather than go to trial.

Tags: DUI, DUI lawyer

Reader’s Question:

My sister has just been charged with DUI here in Arlington Heights, Illinois. I have heard so many things about DUI such as all people accused of DUI are guilty, DUI is a minor offense, that any lawyer can defend a person charged with DUI, DUI cases cannot win and that a DUI case is similar to any other case? Which of these things about DUI are true?

Lindsay

Arlington Heights, IL

There many myths surrounding DUI cases at present. If you want your sister to increase her chances of winning her DUI case in Arlington Heights, Illinois, don’t believe in any of these things. It is not true that all people accused of DUI are guilty. It should always be remembered that a person is “innocent until proven guilty.”

It is also definitely not true that DUI is just a minor offense. DUI is a criminal offense that can escalate into a bigger crime, especially when injury or death is the result of an act. DUI can even send the offender to jail.

Regarding what you heard that any lawyer can defend a person charged with DUI, this is actually always not the case. There are many lawyers who specialize in DUI case. They can help your sister better than other lawyers who are just general practitioners of law.

It is also not true that DUI cases cannot win. Please, don’t ever believe this. A good Illinois DUI lawyer can help your sister win her DUI case, provided there is enough evidence to defend her. The last thing that you mentioned that a DUI case is similar to any other case is also not true. A DUI case is being surrounded by different circumstance and requires different types of evidence. The outcome of the case cannot be predicted but a good DUI lawyer can increase your sister’s chances of winning.

Tags: DUI lawyer

Reader’s Question:

I am an occasional drinker and when I drink, I usually just drive myself home. I have never been charged with DUI here in Joliet, Illinois, but if I will be caught drunk driving, what do I stand to lose?

Clay

Joliet, IL

If you are a drinker, it’s a good thing that you want to know what you stand to lose by driving drunk. To know why this is such a bad idea is essential to help you plan before you head out to party and drink and drive yourself home.

In the state of Illinois, the legal limit for blood alcohol content (BAC) is .08 percent. If you are caught in Joliet, Illinois with a BAC that is higher than the limit, you could lose your license, head to jail, or be asked to perform community service. Of course, you will have to pay fines for a DUI offense. Education and alcohol treatment may also be a requirement and you will have to pay for these classes and assessments.

If you lose your driving privileges, you would have to do several things before you can get it back. First, you would have to pay a steep fine on top of the fines that you have already paid and you would have to complete an alcohol education course in order to get it back.

If you get your license back, you would have to prove that you are insured but your insurance company may also drop your coverage. You can find another insurance provider to cover you, but it would be expensive. You will be tagged as a ‘high risk’ driver if you have a DUI offense, thus insurance companies may charge high premiums. So with that said, it would be far better to avoid the DUI at all costs than to deal with these expenses.

Reader’s Question:

I know someone who has been charged with DUI here in Illinois. He’s in trial right now and by the looks of it, he will be convicted but he’s lawyer is doing everything to at least shorten the jail time and reduce the fines. I wanna make sure that the same thing will not happen to me. I don’t deny that I have been drunk or maybe drove under the influence of alcohol once or twice. What advice could you give me if I will be caught drunk driving?

Jackie

Springfield, IL

It is unlawful to drive under the influence of alcohol or drugs in Illinois. It is strongly advised that people should not drive alone while in an intoxicated condition. Drivers who are caught doing this are charged with a criminal offense. It is very important that you know what to do if you are stopped by a patrol officer on a DUI suspicion.

In case you can’t avoid drinking and getting behind the wheel, you should have a favorable witness along with you in your car. Eye drops should be applied to mask bloodshot eyes, which strongly imply a person’s drunken condition. If you will be caught drunk driving, you should not take a portable breath test or any field sobriety tests (FST) while in an intoxicated condition because you are not required by law to do so. You should also indicate that you are confused about your legal rights. You should be advised by the officer to ask for a lawyer before questioning and after Miranda warnings are given. You should not information as to how much you have been drinking and what you were drinking. All implied consent warnings should be fully read to you by the police officer. You should also be polite and courteous regardless of how rude a police officer may be towards you. While blowing into the Breath analyzer, you should not blow hard because blowing hard may reflect a higher than normal reading.

Lastly, if in any unavoidable circumstance that you will be charged with DUI, make sure that you consult and hire an experienced Illinois DUI lawyer to give you detailed advice, to represent you, and to make sure everything will be done for you to avoid serving in jail and hefty fines.

Reader’s Question:

My daughter is in trial right now because of a DUI charge here in Illinois. Aside from the grueling fact that she might be paying a hefty fine, I was told that she would have to install an ignition interlock device in her car if she will be convicted. What is this machine and how much does it cost?

Steve

Naperville, IL

An ignition interlock device measures blood alcohol content (BAC) level of the driver by blowing into it and if alcohol is detected, it prohibits the car from starting. It would also test drivers periodically while the car is running.

The ignition interlock law in Illinois for DUI convicts is being called the most stringent in the country. It was mandated in September 2007 for people with one drunk driving conviction in the state. So even first-time DUI offenders are required to install ignition interlock devices in their vehicles. The Secretary of State’s office will monitor all breath test results from the ignition interlock devices.

Under the new Illinois ignition interlock law, the ignition interlock device would be rented and cost $150 to install. The monthly fee would be $100, just another reason to not drive under the influence of drugs or alcohol. This monthly cost would cover monitoring by the Secretary of State’s office and the ignition interlock manufacturer.

Reader’s Question:

My 17-year old son was arrested a little over a week ago and was charged with DUI here in Illinois. What is the underage drunk driving law here in Illinois? Will my son go to jail?

Jerome

Rockford, IL

Drinking and driving is a high risk proposition for someone under the age of 21. Even if the blood alcohol content (BAC) is under the legal limit of .08 percent that only applies to drivers over the age of 21.

In the state of Illinois, your son might be facing a harsh sentence. If he will be convicted with DUI, he will face consequences for his actions.

His driver’s license will be revoked for a minimum of two years but he may be issued a restricted license after one year. He may be fined up to $2500 and will serve a jail sentence of up to one year. He may also be directed to join a Youthful Intoxicated Driver’s Visitation Program.

The sentence may seem unpleasant for someone who is under 21 but the law aims the threat of losing the freedom to drive for two years would convince people under 21 to not drink and drive.

Reader’s Question:

I was charged with DUI here in Illinois. This is my first offense and I swore that this would never happen again. Do I have high chances of winning my case? Will my record ever be clear again?

Noah

Waukegan, IL

A DUI charge in Illinois does not necessarily lead to automatic convictions because there may be weaknesses in the state’s case against you. Potential DUI challenges may include challenging your initial arrest, your blood alcohol test results, your questioning and the testimony of the arresting officer. Your Illinois DUI lawyer could help you get out of the courtroom clear. But if in any case that you do not win the case, your lawyer could be able to plea bargain for a lesser charge or a less severe penalty.

Should you be convicted of DUI, you can clear your record by seeking a new trial following your DUI conviction. If you are later found not guilty on your second trial, your conviction will be cleared and the legal effect is that as if you were never convicted. If in any case that you don’t win your second trial, you are eligible to appeal your DUI conviction.