Reader’s Question:

My driver’s license has been suspended for almost nine months already because of my DUI conviction here in Rockford, Illinois. I was told that I can get like a temporary license or something if I won’t have a DUI charge or a similar offense for nine months. How would I get a driving permit after my DUI conviction?

Mao
Rockford, IL

I know that you have already foreseen that after your DUI conviction in Rockford, Illinois, the next issue that you would face is when, and under what conditions you could be eligible to apply for a Restricted Driving Permit (RDP). In the State of Illinois, RDP could be issued for driving to and from work as well as within the scope of your employment related duties, to allow you transportation or a family member for necessary medical care, to and from certain alcohol rehabilitative activities such as AA meetings, and for you to travel to and from classes at an accredited educational institution. Also, the State Secretary would not issue permits for more than 12 hours a day or 6 days a week.

You should not have traffic tickets pending in any court (other than a DUI with a pending suspension) and your driver’s license should not be revoked or suspended for other reasons because you would be ineligible to apply for RDP until the other matters are resolved. You should also obtain an alcohol evaluation from an agency licensed by the Illinois Office of Alcohol and Substance Abuse (OASA) and you must complete the treatment recommended therein at a treatment service provider licensed by OASA.

Tags: driver’s license, DUI, DUI lawyer

Reader’s Question:

My brother’s license has been suspended after being arrested for his first DUI in Palatine, Illinois because he failed the blood alcohol test. How long would the suspension last and if he will be convicted for DUI, will he have a separate suspension on his license?

Sheila
Palatine, IL

After your brother’s DUI arrest in Palatine, Illinois for failing the blood alcohol test, his driver’s license is automatically suspended for three months under the Statutory Summary Suspension Law. At the time of his DUI arrest, the officer took his driver’s license and gave him a 45-day temporary license. Since this is his first DUI offense, the three-month suspension would begin on the 46th day after his DUI arrest. With the help of a qualified DUI lawyer, he could appeal to the court to receive a Judicial Driving Permit, which will allow him to drive to and from work and any required education courses he must take as a result of his DUI arrest.

If he will be convicted for the DUI charge, he would have a separate suspension on his driver’s license. In the State of Illinois, he would have a minimum of one year license suspension since this is his first DUI offense. The policy of the Illinois Secretary of State’s office is not to fully reinstate an otherwise eligible motorist until they have first been issued a Restricted Driving Permit (RDP) and drove on it without incident for at least nine months.

Tags: blood alcohol test, driver’s license, DUI, DUI lawyer

Reader’s Question:

I live in Naperville, Illinois and I was just convicted for DUI in another state. My driving privileges have been removed from that state. Does my DUI conviction from another state mean that my Illinois driver’s license would be suspended?

Jerome
Naperville, IL

If you’re a resident of Naperville, Illinois, upon the receipt of the report of your DUI conviction from another state, the Illinois Secretary of State would automatically revoke your driver’s license. To avoid a license revocation, any reduction or amendment must be to an offense that would be recognized separately (that is, Reckless Driving) under the Illinois Motor Vehicle Code.

Since your out-of-state DUI case resulted in a conviction, it would usually take several weeks for the report of the conviction to reach the Illinois Secretary of State. But upon the receipt, the Secretary of State would immediately serve a Notice of Revocation upon you by mail. The revocation would be effective normally within a few days of mailing. If you no longer live in the same address listed on your driver’s license, you must change your address directly with the Secretary of State’s Drivers Services Department forthwith as official notices from the Secretary are not forwarded and your failure to actually receive the notice does not affect the validity or effective date of the revocation of your license.

Tags: driver’s license, DUI, DUI lawyer

Reader’s Question:

My sister got a charge for DUI here in Orland Park, Illinois and she is under an alcohol evaluation now. It is said that this evaluation would determine the treatment level she would be classified as. I heard something like minimal and moderate risk, what does this mean?

Ryan
Orland Park, IL

Because of your sister’s DUI arrest in Orland Park, Illinois, she must have an alcohol evaluation in order to be eligible to apply for a restricted driving permit (RDP). She must also complete the treatment recommended at an agency licensed by the Illinois Office of Alcohol and Substance Abuse (OASA). The things that you have mentioned such as minimal and moderate risk are two of the classifications of the treatment levels.

Minimal risk or Level 1 should complete an Alcohol or Drug Risk Education course that is usually for 10 hours. This level could only be recommended for DUI offenders who, at minimum, have no prior DUI license suspensions or dispositions, those who have submitted to blood alcohol test with blood alcohol content (BAC) level of less than 0.15 and those who were not diagnosed with any other recognized symptoms of substance abuse or dependence.

Moderate risk or Level 2M should also complete an Alcohol or Drug Risk Education course usually for 10 hours and an Early Intervention Counselling Program which is a minimum of 12 hours. This level could be recommended for DUI offenders who, at minimum, have no prior DUI license suspensions or dispositions, submitted to blood alcohol test with BAC of 0.15 to 0.19 and were not diagnosed with any other recognized symptoms of substance abuse or dependence.

Tags: blood alcohol test, DUI, DUI lawyer

Reader’s Question:

A friend of mine was arrested for DUI in Skokie, Illinois for the first time and from what I know, they have a strong case against him. Could you please educate me on what he could be facing because of his DUI charge, what are the penalties involved?

Aldrin

Skokie, IL

After your friend was arrested for DUI in Skokie, Illinois, he would be facing two different cases; one is an administrative driver’s license suspension that starts automatically, unless appealed and the other one is on the court system. He would need to request for a DMV hearing which should be done quickly after the DUI arrest so that he can be able to appeal against the suspension of his driver’s license. He would also have to make sure that he hires a qualified DUI lawyer to help him with his appeal to ensure that it is received in time and that all of the necessary paperworks are filled in correctly.

If he tries to do all of these by himself, he is risking making a serious mistake and losing his without the chance for appeal. Aside from that, if convicted for DUI, he would have penalties that are truly unacceptable. Since this is his first DUI offense, it would be considered as Class A misdemeanor charge. If he gets convicted, he can expect to have consequences such as fines of up to $2,500, jail time of up to 364 days, potential Victim Impact Program requirement, alcohol evaluation with potential counselling, potential community service and any other consequence deemed necessary by the judge.

Tags: drunk driving laws, DUI, DUI arrest, DUI lawyer, DUI penalties

Reader’s Question:

I know that there are certain ways to measure alcohol in the system during a DUI investigation in Wheaton, Illinois. What is the most accurate scientific method for alcohol testing?

Jaden

Wheaton, IL

Even if consumed in small amounts, alcohol could have a noticeable effect on the body. When taken in large amounts, alcohol could act as a sedative and depresses the central nervous system. Blood alcohol test is commonly used to find out whether a person is legally drunk or intoxicated. Blood alcohol test checks the amount of alcohol in the blood if a person is suspected to be driving under the influence. In a DUI investigation in Wheaton, Illinois, consent may be required, but refusing to take the test could have legal consequences.

Blood alcohol content (BAC) is the standard for measuring the degree to which an individual is impaired by alcohol. Studies show that there is a direct correlation between the BAC and the degree to which reactions and judgments are impaired. Gas Chromatography is the method used for blood alcohol testing and is considered the most accurate forensic quality test in the industry today. But drawing of blood is an invasive and expensive procedure.

Tags: blood alcohol test, DUI, DUI lawyer

Reader’s Question:

I was lead in to the assumption that DUI cases could not be won that’s why I am thinking of just pleading guilty to my DUI charge here in Joliet, Illinois. Would it better if I do just that rather than fighting my case?

Floyd

Joliet, IL

The assumption that DUI cases could not be won should be entirely disregarded, and don’t ask why. Just kidding. I understand that you may think that DUI is a very complicated matter and there’s no way out of it. That’s just normal but there are a lot of things that you should consider before you plead guilty on your DUI case in Joliet Illinois. There are certain things that are at stake here such as your driving privileges and your freedom, not to mention having insurance rates increase and the fees that you will pay. Don’t lose these things without putting up a good fight because you would never really know what happens next.

There are a lot of challenges that could be brought out by a good DUI defense lawyer in order for you to win your DUI case. The DUI lawyer could start at the location of the arrest, to the field sobriety tests, to having you in custody, to the chemical tests, to your detention and so on and so forth. Think about these things before giving up a lot of things and just plead guilty to your DUI charge.

Tags: blood alcohol test, DUI, DUI arrest, DUI penalties, field sobriety tests

Reader’s Question:

I was often told that if I will be stopped for DUI here in Springfield, Illinois, I should not take any field sobriety tests because it will not be against the law if I to refuse to take it. If that is the case, why do police officers still ask a person suspected for DUI to do it instead of asking to take chemical test?

Caiden

Springfield, IL

Field Sobriety Tests (FST’s) are psychophysical tests used to evaluate an individual’s physical and/or mental impairment. FST’s focus on the skills that are needed for safe driving. Most of the FST’s known to be more ‘reliable’ psychophysical tests are known as “divided attention” tasks. This kind of FST would require an individual to concentrate on more than one task at the same time. A driver needs to drive safely a car by simultaneously control steering, breaking, and acceleration; react to constantly changing driving environment; and perform many other tasks.

Alcohol affects an individual’s ability to adequately divide attention, thus causing drivers to concentrate on more difficult tasks while ignoring simpler ones. Even when impaired, most of us can successfully concentrate on a single task fairly well, but most drivers could not successfully divide their attention between multiple tasks at once. What you have been told is right that if you will be stopped for DUI suspicion in Springfield, Illinois, you don’t necessarily have to submit to FST’s. The sole reason why police officers ask someone to take these tests is to create a probable cause for a DUI arrest and also to gather evidence that can be used in a DUI court case trial.

Tags: DUI, DUI arrest, DUI lawyer, field sobriety tests

Reader’s Question:

I watch and read news everyday and I noticed that cases of DUI are increasing here in Waukegan, Illinois. This makes me very much curious to know certain things about DUI cases. What are the possible defenses in a DUI case that can make a defendant win his/her case?

Echo

Waukegan, IL

There are several defenses in a DUI case in Waukegan, Illinois that can be brought up during the DUI trial which can make the defendant win his/her DUI case. First and foremost an illegal stop of the person or the vehicle is one of the biggest defenses that a DUI defense lawyer needs to prove for the defendant to walk away a free man after the DUI trial. A motorist can’t be asked to stop unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Likewise, an individual could not be seized unless a violation has occurred.

On a similar note, if a driver was weaving inside the lanes, this is not illegal and cannot be considered a reason for a DUI stop because weaving without crossing any lines is not a violation of the law. Another thing that can be considered as an illegal stop would be from an anonymous report of drunk driving. A person or a vehicle can’t be stopped simply because an anonymous citizen reported that the driver was drunk. These are just examples of DUI defenses during a DUI arrest which, if proven, can be a great help for the DUI defendant.

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

Reader’s Question:

I’m very much furious but at the same time very much concerned because my teenage son was arrested for DUI for the first time in Oak Park, Illinois. I wonder if the penalties for teenage drunk driving are the same for those over 21 years of age convicted of DUI. What are the penalties for teenage DUI in Illinois?

Dahlia

Oak Park, IL

It’s very alarming that more and more teenagers are consuming alcohol, more so being involved in drunk driving. Teenagers are more likely the swaggering type for their “I can handle it” syndrome. They think that they can handle their alcohol consumption and say that they haven’t had enough to seriously impair them. Perhaps we could blame it on the greatest influence on teenagers and their drinking and driving which is peer pressure. Peer pressure is a very powerful force that’s why teens feel that it is very important for them to know that they’re “in.” It’s also a saddening fact that the average college student actually spends more money for alcohol than for books.

Motor vehicle accidents are the leading cause of death for teens that’s why even the legal consequences of underage drinking and driving are getting tougher. Since your teenage son was arrested for his first DUI in Oak Park, Illinois, don’t be surprised that Illinois DUI laws would be hard on him if he will be convicted. For first underage DUI conviction, penalties include loss of full driving privileges for a minimum of two years. He could also be imprisoned for up to one year and could pay maximum $2,500 in fines.

Tags: drunk driving laws, DUI, DUI lawyer, DUI penalties, teen DUI