- If you are charged with a misdemeanor drunk driving, and have never been found guilty of a DUI before, or have had a DUI reduced to reckless driving, then you may be eligible for court supervision. A sentence of court supervision does not appear on your public driving record and it will not affect your driving privileges.
- If you do not receive court supervision and are convicted of a DUI, then your driver’s license may be revoked.
- Depending on your driving record and the facts of your case, you may be facing jail time, loss of your vehicle, suspension of your driving privileges and alcohol/substance abuse treatment and counseling.
- Depending on your driving record and the facts of the case, the charges may be upgraded to a felony charge of Aggravated DUI. Your case may be upgraded to a felony if at the time of your arrest for drunk driving, you did not have automobile insurance or if your license was suspended because of a previous DUI, or if you have committed two or more previous DUI’s, or there were serious injuries involved in your current case. A felony DUI can result in a lengthy prison sentence.
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What is a Statutory Summary Suspension?
The Chicago DUI Attorneys at The Legal Defenders have a thorough understanding of the Illinois Statutory Summary Suspension process. A Statutory Summary Suspension is an administrative procedure providing for the automatic driver’s license suspension of a driver arrested for a DUI who fails chemical testing or who refuses to submit to or fails to complete testing. Chemical testing is a test, such as a breathalyzer test, showing a Blood Alcohol Content (BAC) of .08 percent or more of any amount of cannabis, controlled substance or intoxicating compound.
If you fail a chemical test and it’s your first DUI offense, you will be facing a mandatory 3 month license suspension. If you fail a chemical test and it’s your second DUI offense, you will be facing a mandatory 12 month suspension of your driver’s license. If you refuse to submit to a chemical test and it’s your first DUI offense, you will be facing a mandatory 6 month driver’s license suspension. And if you refuse to submit to a chemical test and it’s your second DUI offense, you will be facing a mandatory 36 month driver’s license suspension. The term “first offender” as used above is somewhat misleading. Those with a prior DUI conviction, court supervision, or reduction to reckless driving more than five years before the date of the current arrest are considered first offenders even though they are not eligible for court supervision on the criminal charge. The Statutory Summary Suspension proceeding is considered a civil proceeding and is separate and distinct from the criminal proceeding.
The Chicago DUI Attorneys at The Legal Defenders are trained to understand that Statutory Summary Suspensions are automatic. They automatically go into effect on the 46th day from the notice date on the suspension. Usually, police officers give defendants the document entitled, “Notice of Statutory Summary Suspension” at the police station when they are being processed. This suspension is between you and the Illinois Secretary of State. It does not take the place of criminal penalties you are facing in court. The Chicago DUI Attorneys at The Legal Defenders are trained to request a judicial hearing to challenge the legality of an arrest; however, the request does not stop the suspension from taking effect. This suspension can only be challenged by the Chicago DUI Attorney at The Legal Defenders through the filing, within 90 days of your arrest, of a Petition to Rescind Statutory Summary Suspension.
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What Are the Penalties If You Have a Commercial Driver’s License (CDL)
Under new laws, your Commercial Driver’s License (CDL) will be affected even if you are arrested for drunk driving while driving a non-commercial vehicle. If you are arrested for a DUI while driving a non-commercial vehicle and refuse to take a breath test, you will receive a one-year suspension of your CDL if it is your first DUI. If you are arrested for a DUI while driving a non-commercial vehicle and are found guilty of drunk driving, you will receive a one-year suspension of your CDL for a first offense, even if you receive court supervision. If you are found guilty of a second offense of DUI, you will receive a lifetime suspension of your CDL.
What is a Monitoring Device Driving Permit (MDDP)
The Illinois DUI law changed on January 1, 2009. Right from the beginning, let’s be clear that this new law does not change the statutory summary suspension hearings and procedures, nor does it change the DUI criminal law in Illinois. The Chicago criminal defense attorneys at Legal Defenders have had an opportunity to review this new law and want to inform our readers of the changes and highlights.
First, this new law changes the period of statutory summary suspensions for DUI offenders. The period of statutory summary suspension for first time DUI offenders has been extended from three months to six months. The period of statutory summary suspension for second time DUI offenders has been extended from six months to 12 months. This period of suspension is in addition to any criminal penalties which may be imposed by the Court. Previously, first time DUI offenders had been eligible for a Judicial Driving Permit (JDP) allowing for limited driving during a period of suspension. Second, this new law has gotten rid of the JDP and replaced it with the Monitoring Device Driving Permit (MDDP). The Chicago criminal defense attorneys at Legal Defenders have determined what the conditions are for an MDDP to be issued:
- Possession of valid driving privileges except for the Summary Suspension.
- Death or great bodily harm did not occur during the DUI leading to the suspension.
- No prior conviction for Reckless Homicide or Aggravated DUI which resulted in death.
- No previous Summary Suspension within the 5 years preceding the suspension from the current arrest.
- The driver is over 18 years of age.
A “first time offender” is essentially defined as someone who had had no DUI suspensions or findings of guilty in the past 5 years.
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Once the driver appears in court, the judge must sign an order for the Illinois Secretary of State to issue the MDDP permit. This order will be issued unless the driver opts out of the program in writing. The judge cannot decide to issue such an order so long as the driver meets the criteria set forth above. The MDDP will not take effect until the 31st day after the suspension. So no matter what, any driver arrested for a DUI will not be allowed to drive for at least 30 days. A $30 Secretary of State monthly fee must be paid in advance for the Secretary of State to issue a permit. This monthly fee is solely for the Illinois Secretary of State and is in addition to the monthly fee paid for the device. For a 6 month suspension, this Secretary of State fee comes out to $150. For a 12 month suspension the Secretary of State fee will be $330. Once the MDDP is issued, the driver will only have 14 days to have a Breath Alcohol Interlock Ignition Device (BAIID) installed in their car. The MDDP holder will only be allowed to drive the vehicle equipped with the BAIID device. There is a onetime installation fee of $150 and a monthly fee of $115 for the device. The Chicago criminal defense attorneys at Legal Defenders have estimated the total costs to be as follows:
- For a six month suspension, $875.
- For a twelve month suspension, $1,745.00.
The BAIID device will require a test of the driver’s breath before the vehicle can be started and will require periodic tests while the car is running. If the driver fails a test while the vehicle is running, the vehicle will continue running but the horn will start blowing and lights will start flashing so as to alert police officers of the situation.
Unlike with the JDP, there are no restrictions on driving with an MDDP as to specific times and routes. When it comes to employment, drivers cannot operate commercial vehicles during the period of suspension. However, there is an exception for employer owned vehicles. The suspended driver will be allowed to drive an employer owned vehicle during the period of employment provided that the employer provide documentation to the Secretary of State. However, the vehicle and company cannot be owned by the driver.
Finally, a violation of the terms of the MDDP is now a Class 4 felony.
The Chicago DUI Attorneys at Legal Defenders are highly experienced at handling Illinois DUI cases throughout Cook County, Lake County and DuPage County. The Chicago DUI Attorneys at The Legal Defenders understand the procedures throughout these counties and stay up to date with the constant changes to Illinois DUI law. The Chicago criminal defense lawyers at The Legal Defenders work on each case together as a legal team and are constantly reviewing the law to find new ways to ensure that our client’s get the best possible results in their case. The Chicago DUI Attorneys at The Legal Defenders work hard to keep their clients on the road so they may be able to go on with their lives.
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Why Hire the Legal Defenders to be Your Chicago DUI Attorney?
The Chicago DUI Attorneys at the Legal Defenders understand that while the Illinois law for DUI offenses is the same throughout the state, each county court and each courtroom may have different rules for DUI or drunk driving case procedures. A DUI case in Cook County proceeds differently than a DUI case in DuPage County or Lake County. If your attorney is not familiar with these different procedures you may end up losing your license and being convicted. The Illinois DUI laws are changing all the time and you need to make sure you hire an attorney that stays up to date with the changes to the law.
The Chicago DUI Attorneys at Legal Defenders are highly experienced at handling Illinois DUI cases throughout Cook County, Lake County and DuPage County. The Chicago DUI Attorneys at The Legal Defenders understand the procedures throughout these counties and stay up to date with the constant changes to Illinois DUI law. The Chicago criminal defense lawyers at The Legal Defenders work on each case together as a legal team and are constantly reviewing the law to find new ways to ensure that our client’s get the best possible results in their case. The Chicago DUI Attorneys at The Legal Defenders work hard to keep their clients on the road so they may be able to go on with their lives.
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