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.
Illinois Auto Insurance Canceled After DUI Charge?
Reader’s Question:
Is it true that my mom’s car insurance can be canceled because of her DUI charge here in Des Plaines, Illinois?
Val
Des Plaines, IL
Most of the state laws regarding insurance specifically spell out the circumstances under which a car insurance company can cancel a policy. There are certain grounds for cancellation of car insurance and the most common are:
-you or a member of the household loses driving privileges during the policy period because of license expiration, suspension or revocation
-you fail to pay the premium on time
-you misrepresent material facts about your risk – which means your driving history, claims history or the number of people who have access to your vehicle.
In your mom’s DUI case if her driver’s license is suspended or revoked, this can be a ground for the cancellation of her car insurance. This can be very inconvenient for her so if her car insurance gets canceled, she needs to get another car insurance provider right away. Luckily, she can definitely get great car insurance it will just be a little harder to find, and the rates will obviously be a little higher, but don’t give up hope. Clean up her act, and the rates will eventually go back down over time.
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.
How Important Is It To Have a DUI Lawyer in Chicago Illinois?
Reader’s Question:
I have to admit that it’s not easy having a DUI charge here in Chicago, Illinois. How important is having a DUI lawyer to help me in my case?
Ray
Chicago, IL
You have to keep in mind that DUI is one of the few crimes that a person could be convicted solely on the opinion of the police officer. Even if most DUI offenses are classified as misdemeanors, the penalties for it are generally much more serious. If you choose to hire a DUI lawyer to help you in your DUI case in Chicago, Illinois, you need an experienced DUI lawyer to represent you in your DUI case to make sure that you get the best possible defense you can.
In hiring a DUI lawyer, there are certain things that you need to take note of to ensure that you get the best quality. The DUI lawyer should be up-to-date on the practices and guidelines in a DUI defense in Illinois. You need a lawyer who attends seminars presented by the National College for DUI Defense and have spent time learning advanced DUI Defense tactics from some of the leading DUI lawyers in the country. The DUI lawyer should also be willing to fight for your case not just a lawyer who will plead you out. Best of all, an experienced DUI lawyer is actually the one who could be able to save your job, driver’s license and freedom.
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.
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
Should I Just Plea Guilty to My DUI Charge in Illinois?
Reader’s Question:
I was lead in to the assumption that DUI cases could not be won that’s why I am thinking of just pleading guilty to my DUI charge here in Joliet, Illinois. Would it better if I do just that rather than fighting my case?
Floyd
Joliet, IL
The assumption that DUI cases could not be won should be entirely disregarded, and don’t ask why. Just kidding. I understand that you may think that DUI is a very complicated matter and there’s no way out of it. That’s just normal but there are a lot of things that you should consider before you plead guilty on your DUI case in Illinois. There are certain things that are at stake here such as your driving privileges and your freedom, not to mention having insurance rates increase and the fees that you will pay. Don’t lose these things without putting up a good fight because you would never really know what happens next.
There are a lot of challenges that could be brought out by a good DUI defense lawyer in order for you to win your DUI case. The DUI lawyer could start at the location of the arrest, to the field sobriety tests, to having you in custody, to the chemical tests, to your detention and so on and so forth. Think about these things before giving up a lot of things and just plead guilty to your DUI charge.
Talk to a DUI attorney NOW!
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
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