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.

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.

DUI Blood Alcohol Test in Illinois – How Accurate Are They?

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  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.

Illinois Blood Alcohol Test – Do You Refuse?

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.

Illinois DUI Charge For First Offense – What Will Happen Next?

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.

DUI Breath Test Refusal in Illinois Traffic Stop

Reader’s Question:

I was charged with DUI here in Illinois two days ago. I refused to take any blood alcohol test. I was advised by a friend about the 10-day rule before they could even suspend my license. What happens if I am unable to do this?

Lisa

Chicago, IL

Thanks for asking, Lisa.

In the state of Illinois, if the driver refused to a blood alcohol test, or if submitted and have a breathalyzer result of 0.08 or higher for age 21 or more, .04 or higher if driving a commercial vehicle, or .02 or higher if under age 21, the state will attempt to suspend your license for one to five years. In most case, this attempt to take away your right to drive will occur before trial. This would be automatically entered against you unless you file an “appeal” letter within 10 business days after the date of your arrest.

You will have an administrative driver’s license suspension for one to five years before you even go to trial on your DUI offense if you don’t request a hearing. You have a fighting chance to keep driving until your DUI case comes to court if you were able to request the hearing.