What is the Difference Between Concrete and Railroad Ties?

An area woman who, in a moment of confusion, apparently mistook the West Riverside train tracks for Traube Street was arrested for DUI.

A Riverside Police Department officer had just watched a freight train pass through a crossing when he saw a 2004 Saturn driving on the tracks. After contacting dispatch and requesting that railroad traffic on the line be stopped, the officer exited his car and pursued the Saturn some 200 feet on foot. The driver, later identified as 29-year-old Amanda Phillips of Bolingbrook, said she was on her way home from a bar and did not realize she was driving on the tracks. After smelling alcohol and administering several field tests, the officer placed Ms. Phillips into custody. A momentary lapse in judgement had led her to drive home after having one drink too many. Her simple mistake will now follow her for the rest of her life. Even good people sometimes make mistakes and need the help of a qualified, experienced attorney to help them with those mistakes.

Driving After a DUI Arrest

The state inevitably attempts driver’s license suspension in these situations, except for those extremely rare occasions when drivers submit to a chemical test and their BAC is below the legal limit. In most cases, the suspension takes effect 45 days after the date of the notice, which is normally hand-delivered at the jail and sometimes mailed to the driver’s address of record.

The suspension period varies based on the reason for the suspension and the defendant’s DUI record.

  • First Failure: Six-month suspension; drivers are eligible for a restricted driving permit with a Breath Alcohol Ignition Interlock Device (BAIID)
  • Subsequent Failure: One-year suspension; typically, no eligibility for a restricted driving permit
  • First Refusal: One-year suspension with RDP eligibility
  • Subsequent Refusal: Three-year suspension without RDP eligibility

The driver must bear all installation and monitoring costs related to the BAIID. These devices do not allow the vehicle to start if the driver’s BAC exceeds a certain threshold, which is normally .04. There are also “rolling tests” required while driving, and if there are too many rolling refusals, the vehicle will not start again once it is stopped.

Before the suspension takes effect, the driver has the right to demand a hearing, and the hearing officer has the power to rescind or modify the suspension based on the evidence. This hearing, which must be conducted within 30 days after the written request, also serves as free discovery, which is a great plus in so-called closed file jurisdictions that limit discovery in criminal cases.

Contact Assertive Lawyers

A DUI arrest does not necessarily mean the loss of driving privileges. For prompt assistance in this area, contact the diligent Schaumburg lawyers at Glasgow & Olsson. After hours appointments are available.

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