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Get Your Questions Answered - Call Me For A Phone Consultation (312) 779-0098

Navigating A DUI In Illinois

This article explores:

  • Consequences of a DUI in the State of Illinois, particularly in relation to your driver’s license.
  • Similarities and differences to DUI cases with marijuana.
  • The relationship between your administrative hearing and criminal case.

What Happens To My Driver’s License If I Refuse To Give A Breath Or Blood Test During A DUI Arrest In Illinois?

Unbeknownst to most, denying a breath or blood test during a DUI arrest is often a good thing. We frequently tell our clients to refuse breathalyzer and field sobriety tests – because law enforcement never tells you that you have a right to refuse them.

The field sobriety test is equivalent to making a statement against your interest, just like entering a confession. When you start doing the field sobriety tests, you’re giving the state the opportunity to use the results against you at trial.

All in all, you don’t have to do the field sobriety test, and you don’t have to do the breathalyzer.

However, if you refuse to do a breathalyzer test, your license will be suspended for 12 months based on your violation of the state’s Implied Consent law. So why is that a good option for some?

If you do a breathalyzer test, your license will be suspended for 6 months in the beginning, but that 6-months can quickly grow to last over a year if you are convicted of DUI. What’s more, the conviction is often harder to beat, because there is breathalyzer evidence that can be used against you at trial.

If convicted, your license suspension will last for the whole term of the DUI: while you’re doing the drug treatment, community service, attending a Victim Impact Panel, and paying court costs.

Those are the two options: You can agree to do it, and all but ensure that you’re going to lose your license, or you can refuse to do it, and lose your license with the option to file a petition to rescind the statutory summary suspension.

Can I Get A Restricted Driver’s License After A DUI Charge Or Conviction?

Nearly anyone who is convicted of a DUI can get a restricted license by installing a breath test machine in their vehicle. In Illinois, this machine is called the BAIID, and it requires you to blow into the system to be able to drive the car.

Anyone can get that machine installed, but it can be costly as you have to pay for the installation and then you continue to pay for the monthly fees for it to be in your car.

What’s more, a restricted license is primarily allowed for the purpose of getting to work. As such, you’ll be restricted to driving only during “working hours”. If you are caught driving outside of the restrictions of that order, you will end up losing the restricted license.

While you can drive with restrictions after a conviction for DUI, permission depends on the discretion of the judge and whether or not they will allow it.

(There is no longer a restricted driver’s license without mandatory installation of the BAIID machine.)

What Happens To My Driver’s License After A DUI Charge For Marijuana Or Other Drugs In Illinois?

A DUI charge for marijuana is treated exactly as if it were driving under the influence of alcohol.

If it is a drug-involved offense instead of alcohol, you still have to go through the same process. However, instead of court-mandated alcohol treatment, you have mandated drug treatment (if you get put on supervision or get a conviction and end up on probation).

Is It Possible To Win At The Administrative Hearing Level In A DUI Case?

It is possible to win a DUI case at the administrative level, predisposition. There are four different ways that you are allowed to plead as to why they should rescind the summary suspension.

This typically works when, after a hearing or an agreement between you and the state, the suspension is then entered and you win.

The challenges come in at the post-disposition level. Those who have already received a DUI conviction and their driver’s license has been revoked have to request an administrative hearing through the Secretary of State – which is very difficult to win.

Can Any Evidence In The Administrative Hearing For My License Be Used In The Criminal Trial Against Me?

It’s always best not to testify prior to your case going to trial. As such, we don’t have our clients testify during the administrative hearing; we protect that portion of the trial.

At the administrative hearing for the petition to rescind, we call the police officer and directly examine them. We direct them to answer the questions that we want to answer, and then the judge makes a determination from there.

Now, it’s not always the case that we do not call our clients. Even without falling below the legal standard on a breathalyzer, an officer may still charge you with DUI based on what they witnessed or how you performed on your field sobriety test.

In cases like that, we may have the client testify as to how much they drank, or to another topic that may help us get that statutory summary suspension.

Does The Outcome Of My DMV Hearing Have Any Impact On The Outcome Of My DUI Case In Illinois?

The DMV hearing and the DUI case are two different things. What’s more, a DUI case has to be disposed of before you can request a hearing with the Department of Motor Vehicles.

In other words, the Secretary of State is not going to give you a hearing until you have completed all conditions, all terms of your supervision, and all conditions or terms of your probation.

Therefore, an administrative hearing with the DMV is a separate process that will not often impact your DUI case – because the case will have been disposed of.

However, in instances of a pre-disposition administrative hearing, it can affect the underlying case.

For more information on Driver’s License Consequences Of A DUI In IL, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (312) 779-0098 today.

HBOG Law Group, LLP

Get Your Questions Answered -
Call Me For A Phone Consultation (312) 779-0098

We Service Cook, Dupage And Will Co Counties. Get Your Questions Answered - Call Me For A Phone Consultation - (312) 779-0098

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