Archive for July, 2013
July 19th, 2013 at 11:40 am
So, now there is a DUI on your record and you have likely lost your license. What to do next? Thankfully, there is help. In Illinois, a person who has lost their license because of DUI may apply for a restricted driving permit (“RDP”). Note that Illinois also allows for reinstatement, but other than a mandatory waiting period, the requirements for it are the same as for a RDP, so we will only focus on the latter.
Here is a step by step overview of the RDP process.
First, the applicant must show that there is an undue hardship because of a job, medical, child, elder or disabled persons’ daycare, school, support group, or community service that a court has ordered.
Second, the applicant must contact a hearing officer to set up a consultation. The Illinois Secretary of State has pre-determined hearing locations. After the consultation, the applicant must complete any alcohol/drug programs within six months of the hearing date. It is worth noting that there different classes of alcohol/drug programs depending on the severity of risk given to an applicant.
Third, applicants will attend a formal or informal hearing. Informal hearings are for single offenses and for offenses that did not involve fatalities, whereas formal hearings are multiple offenses and for those involving fatalities.
Fourth, if granted, the RDP will arrive by mail once the applicant shows proof of insurance, pays an $8 fee, submits evidence of the exemption it is using from the list above, takes a driver’s test (if required), and pays the ignition interlock device (if applicable).
If the RDP is denied, the applicant can ask for a review of an informal hearing through a formal hearing or another informal hearing in 30 days. An applicant must wait for 90 days before another formal hearing.
Though DUI’s are very serious, there is some relief for cases of undue hardship. If you are faced with a DUI, do not fight alone. Have an experienced Illinois DUI attorney fight on your side.
July 16th, 2013 at 11:22 am
The Illinois Secretary of State has documented the following sequence of events during a DUI arrest.
- An officer stops a vehicle at a roadside safety check or for probable cause, reasonable suspicion or unusual operation.
- The officer observes the driver and requests a driver’s license, vehicle registration and insurance card.
- If the officer suspects the driver is under the influence, the driver is asked to submit to field sobriety tests.
- If the officer does not suspect the driver is under the influence, the driver is released with any applicable violations.
- If the officer has probable cause based on the field sobriety tests, the driver is placed under arrest for DUI and taken to the police station. The driver is asked to submit to chemical testing of breath, urine or blood.
- If a tested driver’s BAC is more than .05 but less than .08 and no drugs are found in the system, no statutory summary suspension (see page 9) will apply; however, the associated DUI charge will remain until appropriate action is taken by the court.
- If the driver refuses to submit to or fails to complete testing, the statutory summary suspension will apply. A repeat offender who refuses to submit to testing is not eligible for a Restricted Driving Permit (RDP) during the 3-year suspension. A repeat offender who takes the test and fails is not eligible for an RDP during the 1-year suspension. If the driver is a first-time DUI offender, he/she may be eligible for a Monitoring Device Driving Permit. (See page 17.)
- If the driver’s test results show a BAC of .08 or more, or any trace of a drug, illegal substance or intoxicating compound, the driver will be issued a law enforcement sworn report notifying the driver of a statutory summary suspension.
- If the driver’s license is valid, a receipt is issued allowing driving for 45 days.
- A driver may obtain additional testing at his/her own expense; the results are admissible in court.
- The offender is required to post bond and may be detained until bond is posted.
- The offender’s vehicle may be towed, impounded or seized.
A DUI can have a serious impact on a person’s life. The presence of a DUI attorney can mitigate the impact of a DUI. If you are charged with a DUI, consider hiring an experienced Illinois DUI attorney.
July 13th, 2013 at 10:04 am
Illinois has tough laws when it comes to driving under the influence (“DUI”). The Illinois maximum blood alcohol concentration (“BAC)” is .08. A driver may also be charged with a DUI if they have used an illegal substance or are impaired by medication. Additionally, drivers who are below the .08 limit may be prosecuted for a DUI if additional evidence determines that the driver was impaired. Obviously, the effect of alcohol on a person depends on the amount consumed and the rate that the body absorbs the alcohol. The rate of absorption, in turn, depends on individual characteristics like gender, body weight, alcohol tolerance, mood, environment and amount of food. One thing is certain, a driver’s coordination and judgment suffers starting with the first drink. Once the BAC reaches .06, drivers are twice as likely to be involved in a fatal crash.
Illinois had 38,704 DUI arrests in 2011. These statistics are staggering considering the dangers of drinking and driving. The Illinois Secretary of State reports that the typical offender is a male under the age of 35, arrested between 11 p.m. and 4 a.m. on a weekend, and usually has a BAC of .16.
If a driver is pulled over and fails a sobriety test, the police will arrest the driver and request that he or she submit to a chemical test. If a driver refuses to take the medical test, they will lose their license for 12 months for the first offense. If a driver submits to chemical testing and fails it, they will lose driving privileged for 6 months. Lastly, if a driver passes the chemical test (e.g., the BAC is below .08) they will not lose the license of any period, but the initial DUI charge is still in effect pending appropriate judicial action.
Dealing with a DUI is a serious endeavor that can have long lasting implications. An experienced Illinois DUI attorney can provide the guidance and representation necessary to ensure the best outcome and quickest resolution.
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