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Have you been arrested for driving under the influence (DUI)? If so, you are probably confused and apprehensive, and you may be wondering what to expect. While talking to an attorney is the best option to help you understand your DUI case, below is some basic information you should know about the process.
If you have been arrested for drunk driving, you face a civil case against your driver’s license in addition to your criminal case. This is called statutory summary suspension.
When you get a driver’s license in Illinois, you make an agreement with the state. The state uses tax money to repair and build roads, and you agree to follow traffic rules. If you break those rules by driving while intoxicated (DUI), the state can suspend or revoke your license for blowing over the legal limit or for refusing to take a Breathalyzer test if you are a first time offender.
You only have 90 days to request a driver’s license reinstatement hearing. Once the proper motions are filed by your attorney, the state has 30 days or the first court date, whichever is longer, to give you a hearing on your license reinstatement. Failure to request this hearing automatically results in a suspended license or revoked license. If you do request the hearing, but the state fails to honor it, then you can receive your license back.
Obtaining legal counsel can make sure your rights are protected and that you receive the best chance possible for a successful outcome. At Glasgow & Olsson, we will file the necessary motions on time for a reinstatement hearing. If you failed a breath test, we will challenge the accuracy of the results. In some cases, we may even challenge the stop itself if there is reason to believe the police did not have probable cause to pull you over. Even if we cannot get the charges dismissed, we fight to minimize the penalties you face.
Things like photos and videos, police records and recorded testimony are essential to a DUI case. It is necessary to get these things to an attorney right away in order to preserve the evidence. If you do nothing these items may be lost or destroyed and your chances of success may be erased along with the critical information that protects your rights and freedom.
To learn about what to do if you have been arrested for drinking and driving, contact our Schaumburg law office to schedule your initial consultation. Se habla español. Please call 847.577.8700.