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.

Illinois DUI Conviction – How Long Will It Stay On My Record?

Reader’s Question:

How long does a DUI stay on record for the states of Michigan and Illinois? Does it reflect on my criminal record?

Joshua

Cicero, IL

Most traffic violation in Michigan stays on your record for at least 7 years. But, certain convictions and licensing actions remain on your driving record for at least 10 years. The same is true for alcohol violations which remain on your record for a minimum of 10 years. Fatality remains in you driving permanently in Michigan.

According to the Illinois the IL Secretary of State (SOS), moving violations remain on a driver’s record for 4 to 5years from the date of conviction. The information on the ticket will be carried on your driving record for a minimum of 7 years from the date of reinstatement if such ticket forms the basis for suspension or revocation of your license. DUI remain on a driver’s record for a lifetime in Illinois.

See with the various state’s courts to know how long these types of records will remain on your record and whether DUI is criminal or not.

DUI SR22 Auto Insurance in Illinois

Reader’s Question:

A friend’s Dad was arrested for drunk driving in Peoria, Illinois. He was asked to file an SR22. What happens if he refuses to do this?

Karen

Peoria, IL

Good Question, Karen.

An SR22 is one of the means in Illinois to monitor the insurance of problem drivers. Through this process, mandatory insurance is enforced in the most efficient way. Illinois citizens are protected from uninsured motorists through the Financial Responsibility Law.

SR22 is required in Illinois by individuals with safety responsibility suspensions, unsatisfied judgment suspensions, revocations, mandatory insurance supervisions and individuals who receive three or more convictions for mandatory insurance violations.

In short, your Dad’s friend cannot refuse to file an SR22. This certificate of insurance is filed by the home office of an insurance company directly to the Secretary of State. This may be obtained by contacting an insurance company that is authorized to write SR-22 policies for Illinois.