Unless a DUI defendant submits to a chemical test and that test shows a BAC lower than .08, an outcome which is highly unlikely, the state will suspend the defendant’s driver’s license. Technically, that suspension does not happen until after a hearing officer reviews the evidence or the defendant fails to contest the matter within the time allowed by law.
This hearing officer is usually a non-lawyer Secretary of State employee. Moreover, the standard of proof at these hearings is very low, so it is difficult to fight the suspension based on the evidence. For these reasons, many defendants simply do not contest this proceeding at all.
That is usually a serious mistake, as the Automatic License Suspension (ALS) hearing is an important part of an overall DUI defense.
Driver’s License Suspension Periods in Illinois
For a first DUI test refusal, the state may suspend a driver’s license for up to a year; if the defendant provides a chemical sample that is above a .08 BAC, the maximum suspension period is six months.
Many defendants may still drive on a limited basis during the suspension period because most judges freely issue restricted driver permits. These permits allow the defendant to drive to and from certain locations at certain hours, such as to and from work or to and from school. In spread-out urban areas like Chicagoland, that is often important. These permits often come with restrictions. Most defendants must first complete a DUI education class, and many may only drive with ignition interlock devices in their vehicles.
After the suspension period ends, the state usually reinstates the defendant’s driver’s license automatically, provided that the defendant pays a reinstatement fee and jumps through a few other hoops.
What Happens at the ALS Hearing?
The only issue in these hearings is whether the officer had probable cause to request a chemical sample and, if applicable, whether the sample was above .08. Poor performance on the field tests is usually enough to support probable cause, even if the defendant’s performance was not bad enough to support a DUI conviction.
Although the odds seem long, there are a number of good things that can happen at these hearings in Chicago:
- The officer may not show up. If that happens, the hearing officer may reset the case, order the defendant to testify (the Fifth Amendment does not apply in non-criminal ALS cases), or throw out the case.
- The evidence may be weak. For example, the officer may not have administered field tests, and the only evidence may be an odor of alcohol or erratic driving. In these cases, the hearing officer may suspend the defendant’s driver’s license for the maximum period, reduce the suspension period, or throw out the case.
Furthermore, and perhaps more importantly, the ALS hearing gives a defense attorney a chance to review the state’s evidence and question the arresting officer under oath. These things could be critical at trial.
Contact Assertive Lawyers
The license suspension hearing is a critical part of a DUI defense. For a confidential consultation with an experienced criminal law attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Branden Tate)