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.

What Are The Possible DUI Penalties in Illinois

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.

DUI Field Sobriety Tests in Illinois

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.

Convicted of Drunk Driving In Illinois?

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.

Failed Breath Test Should I Hire a DUI Attorney in Illinois?

Reader’s Question:

I took the DUI breath test and it was over the limit. Do I still get a chance with my case? Should I hire a lawyer?

John

Thank you for asking John.

There is always hope if your DUI lawyer is experienced of those numbers and knows all the ways those numbers can be wrong. The DUI breath test being used by police officers in Illinois does not measure alcohol specifically, and can make many types of errors and mistakes. According to the National Highway Traffic and Safety Administration (NHTSA), field sobriety tests are only 65% reliable, and breath, blood and urine testing can be similarly unreliable. Some of the factors that can lead to inaccurate results include improper administration, faulty equipment, faulty analysis and other factors.

An experienced and expert DUI lawyer knows how to examine the breath testing records to determine whether the machine that produced it was working improperly or if there are other reasons to believe the number it printed out was inaccurate.

Goodluck!

MariCAR