How Long Will DUI Stay On My Record in Illinois?
Reader’s Question:
How come it showed no criminal record when I did a background check on myself? I have a DUI here in Mount Prospect, Illinois and I wanna know how long will that DUI stay on record.
Kaia
Mount Prospect, IL
In the state of Illinois, the IL Secretary of State (SOS) says that traffic offenses like disregarding a traffic control light, speeding, etc. stay on a driving record for four to five years starting on the date of conviction. If the infraction is for a suspension or revocation of the driver’s license, that will stay on the driving record for a minimum of seven years from the date of license reinstatement. For a DUI conviction, it will depend on the laws of each state if the violation will be considered as a criminal act or not. DUI offenses could a misdemeanor and some DUI offenses may be a felony.
In the state of Illinois, alcohol or drug-related crimes, such as your DUI in Illinois, stay on the driving record for life according to the SOS. If you’re looking into other records to check if you have a criminal record because of your DUI, you could check with the court to see how long these kinds of records would maintain information on your DUI conviction.
DUI – Drivers License Suspended in Illinois?
Reader’s Question:
My driver’s license got suspended and it is nearing the end of the suspension period. How do I get my license back so that I can drive again especially to and from work here in Aurora, Illinois?
Cannon
Aurora, IL
To have your driver’s license reinstated so that you can drive again especially to and from work in Aurora, Illinois, it would depend on what the violation was and the state laws or regulations of the state where your license got suspended or revoked. If the reason why your driver’s license was suspended was due to unpaid tickets then it could be as simple as paying the fines and fees for these violations and complete the requirements to have your driving privileges back.
If your driver’s license got suspended due to a DUI offense, the state of Illinois might require you to complete DUI school, pay fines and get an SR22 auto insurance. If your driver’s license was suspended due to a lot of points, check if a driving improvement class could let you have your driving privileges back. You can also contact the Department of Motor Vehicles to get particular information on reinstating your driver’s license.
Tags: DMV, driver’s license, drunk driving insurance, DUI, SR22 insurance
DUI Consequences in Illinois If Convicted?
Reader’s Question:
We are afraid but we are doing everything for my sister so that she won’t get convicted on her DUI case here in Elgin, Illinois. What could she be facing if she will be convicted?
Jake
Elgin, IL
There are a lot of consequences that could flow from your sister’s DUI case in Elgin, Illinois if she gets convicted. Loss of her driver’s license is the one on top of the list. She may also pay heavy fines, court costs and extensive administrative fees. She may also be on probation, serve time in jail state prison; her vehicle could be impounded or forfeited. She may also install an ignition interlock device on her car. She has to remember that DUI laws are strict, the prosecutors and the courts often act without mercy or discretion and the penalties are harsh.
Aside from the obvious legal consequences of dealing with the law enforcement, the courts, and the Department of Motor Vehicles (DMV), there are also practical consequences that often flow from a DUI arrest or conviction. DUI is a crime and a DUI conviction will give your sister a permanent “criminal” record. She can lose her job or be prevented certain future employment, especially if it is state job, law enforcement-associated or involves driving. A DUI conviction can also cause her insurance rates to skyrocket and insurance companies sometimes will cancel her coverage altogether. If that happens, your sister can definitely get an online rate quote for her car insurance from this website.
Tags: car insurance, drunk driving laws, DUI, DUI lawyer, DUI penalties
Is a Drunk Driving Offense in Illinois Serious?
Reader’s Question:
Why do people, especially here in Illinois, think that drunk driving or DUI is a serious offense? Isn’t it that DUI is just a simple offense?
Oliver
Berwyn, IL
People, most especially there in Berwyn, Illinois, think that drunk driving or driving under the influence is a serious offense because it simply is. DUI is not just any other traffic offense because it is nevertheless a criminal offense. In fact, DUI is one of the most serious driving offenses in the US. Although there are a lot of driving offenses, DUI often results in serious consequences and it is likely to have grave implications on your future. It is a crime if you are driving with a blood alcohol level of 0.08% or more and driver’s license could be suspended or revoked if you are found guilty of the DUI offense. It would also make life difficult and costly through increased insurance fees and hefty fines.
The US takes DUI offense very seriously, as it should be. Drunk driving in states like Illinois are set forth by a statute and Illinois DUI Laws could be incredibly complex. The consequences could vary in different states and with different instances, but the basic penalties under the DUI laws tend to remain almost the same.
I Was Charged With DUI – Arraignment Process in Illinois
Reader’s Question:
I was charged with DUI in Peoria, Illinois and it’s nearing my first court date and I don’t know what would happen. Could you give me an idea as to what should I expect during the arraignment of my DUI case?
MJ
Peoria, IL
If you haven’t hired a DUI lawyer to represent you on your DUI charge in Peoria, Illinois, you would have to attend your arraignment. The date, time and location of your first court meeting are on your ticket or somewhere else in your paperwork. At some point during your arraignment, the judge would ask you to enter a plea to the charges. Then you would have to plead either guilty or not guilty to the DUI charge. Depending on the plea that you would enter, the judge would ask you several questions to determine if you want to waive your constitutional rights, including your right to a speedy jury trial.
If you enter a guilty plea on your DUI charge, the judge would likely pass sentence immediately. The sentence would vary depending on the charges you face, the specific judge assigned to your case and the county you are charged in. At minimum, most DUI cases entail some time in jail or a program that counts as jail, a substantial fine, probation and DUI school.
DUI Restricted Driving Permit in Illinois
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.
DUI Charge – Drivers License Suspension in Illinois?
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.
Out-Of-State DUI Conviction For Illinois Driver
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
DUI Alcohol Treatment Facility in Illinois
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 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 Counseling 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.
Illinois Teen Driver Drunk Driving Penalties
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.
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