Auto Insurance After DUI in Illinois
Reader’s Question:
I got charged with DUI here in Aurora, Illinois and if I get cleared, will my car insurance rates still increase? If so, how can I avoid an increased rate on my car insurance?
Heriberto
Aurora, IL
Even if you get cleared for your DUI charge in Aurora, Illinois, your car insurance company could still increase your rates, just because you were arrested for DUI. It is actually their right to increase your car insurance rates for the DUI arrest, but it is also your right not to notify them unless you are actually convicted for DUI. To avoid increased car insurance rates, you have to retain a good DUI lawyer after your DUI arrest if you are able to afford one.
You should ask your DUI lawyer as soon as possible on how to avoid increased car insurance rates after a DUI conviction. The DUI lawyer could advise you on what to say to your insurance company and when you have to say it. You also have to understand that you would experience some level of increased car insurance rates unless your DUI case is dismissed. You also have to ask your DUI lawyer about DUI support groups in your area. You could not only gain some comfort by talking with others, but you could also get peer advice for finding good car insurance and coping with financial pressures caused by your DUI charge.
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
DUI Miranda Rights in Illinois
Reader’s Question:
The Miranda warnings are very popular statements of the police during an arrest and I don’t know what happens if they forget to say it during a DUI arrest. What if the officer fails to read me my rights if in case I get arrested for DUI here in Champaign, Illinois?
Laquita
Champaign, IL
There is often a common misconception about the failure of a police officer to read a person his/her Miranda rights (i.e., “You have the right to remain silent, you have a right to an attorney”) during a DUI arrest. Unfortunately, if you get arrested for DUI in Champaign, Illinois and the police officer failed to read you your Miranda rights, the DUI case will not be dismissed. These Miranda warnings would only affect the admissibility of statements made by a DUI suspect after he/she is arrested.
For example, if an individual is stopped over because his tail lights are not working and he tells the police officer, “I’m drunk as a skunk and I never should have been driving,” this could be used against the person because the person is not arrested or in custody. But if the individual is in handcuffs and, answering the police officer’s questions says, “I was drunk as a skunk and never should have been driving,” the police could not use this statement unless they have read the person his/her Miranda rights.
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.
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.
What Is The Best DUI Defense To Take in Illinois?
Reader’s Question:
I watch and read news everyday and I noticed that cases of DUI are increasing here in 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.
Illinois DUI Traffic Stop – Why Was I Stopped?
Reader’s Question:
When I was arrested for DUI here in Evanston, Illinois, I really didn’t understand why the officer asked me to pull over. I don’t remember that I committed any traffic violation. What are the possible reasons why an officer could ask a driver to pull over because of a DUI suspicion?
Bonnie
Evanston, IL
On your DUI arrest in Evanston,, the police officer should have had a ‘reasonable suspicion’ to pull you over. It may constitute a ‘reasonable suspicion’ if the police officer observed that your vehicle was swerving over lanes. Similarly, if you were driving with a broken headlight, broken taillight, driving too fast or even with your high-beams on (in traffic), that could also be sufficient ‘reasonable suspicion’ to pull you over. But if after an investigation of your DUI case that it is discovered that your broken taillight was nothing more than a crack in the red plastic, or if you were driving with your high-beams on and a significant distance from other vehicles, the DUI stop would be considered illegal and an appropriate motion to suppress and could result in an order excluding all evidence after the illegal stop.
The evidence that can be excluded would be the police officer’s observations, breath test results, field sobriety tests and anything else that the state attorney might rely on to obtain a conviction. It has also been found that minor swerving within lanes could be an insufficient reason for an officer to stop your vehicle. Similarly, since newer vehicles are equipped with three or more tail lights, a DUI stop for a malfunctioning tail light is improper if two of the three tail lights on your vehicle were operating properly
Illinois DUI Charge – What Will It Cost Me?
Reader’s Question:
They say that even if I don’t fight my DUI case, it would still affect my finances greatly. Will it cost me too much money if I lose my DUI case here in Des Plaines, Illinois?
Alfred
Des Plaines, IL
The costs of a DUI arrest are great both emotionally and financially. It’s true that even if you don’t fight your DUI case in Des Plaines, Illinois, there would still be a big hit on your finances. But I still suggest you would because the fines and surcharges if you lose your DUI case could be unimaginable. Aside from the fines, penalties and surcharges that the court can impose on you, you might also have to pay for an ignition interlock device if the judge decides it is necessary. This device is a breathalyzer put in the steering column of your car. The vehicle would not start unless it shows that your blood alcohol content is below a certain level.
It would also cost you money if your driver’s license is taken from you when you are arrested. For 30 days, you would have a “temporary license” in which you could still legally drive. If your driver’s license is suspended by the DMV, you could apply for a temporary license, but there would be fees to pay for that too. And if you continue to drive a vehicle while your driver’s license is suspended, you would also incur additional criminal charges and all the costs involved.
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